LIBRARY 

OF   THK 

University  of  California. 

OIF-T  OK 

Received  ,  igo 

Accession  No.       82^48  .    Class  No. 


"^"^^^^^^^i^nveynJU  al 


^^^^^'^n-tik^u^^c^r 


XX/iy^^/UA^     C,    /cW-z^t^^-H^. 


OHIO  SCHOOL  LAWS 


IN   FORCE  APRIL  15TH,   T8S9. 


A   SKT   OF 


Blank  Forms,   aPid   Directiorxs   for   their   Use, 


TO   SERVE    AS   A 


GUIDE  FOR  SCHOOL  OFFICERS. 


^\  B  R  A  /?  J,- 


COLUMBUS : 

THE  WESTBOTE  COMPANY,    STaTE   PKINTERS. 

ISf  9. 


PREFACE. 


Section  360  of  the  Revised  Statutes  of  Ohio  thus  provides :  "  He 
[the  State  Commissioner  of  Common  Schools]  shall  cause  as  many 
copies  of  the  laws  as  are  necessary,  relating  to  schools  and  teachers' 
institutes,  with  an  appendix  of  appropriate  forms  and  instructions  for 
carrying  into  execution  all  such  laws,  to  be  printed  in  a  separate  volume, 
and  distributed  to  each  county  with  the  laws,  journals,  and  other  docu- 
ments, for  the  use  of  the  school  officers  therein,  as  often  as  any  change 
in  the  laws  is  made  of  sufficient  impor'tance,  in  the  opinion  of  the  com- 
missioner, to  require  a  republication  and  distribution  thereof." 

There  have  been  i^.  this  office  for  distribution  no  copies  of  the 
edition  of  the  school  laws  of  1883— the  last  edition  published — for  more 
than  two  years.  The  demand  for  copies  throughoiat  the  whole  State  is 
now  most  importunate.  There  is,  therefore,  an  urgent  necessity  for  a 
new  issue. 

The  notes  and  the  references  to  the  decisions  of  courts  in  the  edition 
of  1883,  are  very  valuable  and  complete.  Most  of  these  notes  and 
nearly  all  the  citations  of  decisions  have  been  retained  in  this  edition. 
Neither  to  these  notes  nor  to  the  citations  has  it  seemed  necessary  to 
make  large  additions.  To  the  comparatively  few  that  have  been  made 
an  asterisk  is  prefixed. 

In  preparing  this  reissue  of  the  school  laws,  I  have  been  under 
many  obligations  to  Attorney-General  Watson  for  advice  on  legal 
points.  Valuable  help  has  also  been  obtained  from  a  little  work  en- 
titled '*  Common  School  Law,''  written  and  published  by  C,  W.  Bardeen, 
Syracuse,  N.  Y. 

In  this  volume  will  be  found,  as  an  appendix,  the  Forms  and  In- 
structions prepared  by  former  commissioners  for  the  guidance  of  school 
oflfixjers.. 

John  Hancock, 
Stc^s  Commissioner  of  Common  Schools^ 


82748 


GENERAL  RULES  OF   INTERPRETATION. 


"In  considering  questions  arising  under  the  school  legislation  of 
the  State,  such  construction  should  be  placed  upon  its  various  enact- 
ments ,  and  the  several  provisions  thereof,  as  will  give  harmony  to  our 
educational  system,  and  secure,  as  far  as  practicable,  its  equal  benefits, 
and  the  reasonable  facilities  for  their  enjoyment,  to  every  locality."  f21 
O.  S.,  339.] 

"Statutes  should  be  so  construed  as  to  give  effect  to  the  intention 
of  the  legislature,  and,  if  possible,  render  every  section  and  clause 
effectually  operative."    [1  O.  381.J 

"  In  interpreting  a  statute  or  other  written  instrument  the  inten- 
tion of  the  framers  must  be  arrived  at,  if  possible,  and,  when  necessary, 
the  strict  letter  of  the  act,  instrument,  or  law  must  yield  to  the  mani- 
fest intent  "    [39  Mo.,  80.] 


REVISED    STATUTES  OF  OHIO. 


TITLE  HI. 

SCHOOLS. 


CHAPTER  1. 
CHAPTER  2. 
CHAPTER  3. 


CHAPTER  4. 
CHAPTER  5. 
CHAPTER  6. 
CHAPTER  7. 
CHAPTER  8. 
CHAPTER  9. 
CHAPTER  10. 
CHAPTER  11. 
CHAPTER  12. 
CHAPTER  13. 
CHAPTER  14. 


Classification  and  change  of  districts. 
City  districts  of  the  first  class. 

City    districts    op   the     second    class     and   i\'!ILLAGE 

districts. 
Township  and  special  districts. 
Joint  sub-districts. 
School  funds. 

Provisions  applying  to  all  boards. 
School-houses  and  libraries.  < 

Schools,  and  attendance  enforced. 
Enumeration,  treasurer,  and  clerk. 
Reports. 
Examiners. 
Teachers'  institutes. 
Cincinnati  and  tolodo  universities. 


CHAPTER  1. 


CLASSIFICATION  AND  CHANGE  OF  DISTRICTS. 


Classes  of 
school  dis- 
tricts. 


Section 

3885.  Classes  of  school  districts. 

3886.  City  districts  of  first  class. 
City  districts  of  second  class. 
"Village  districts. 
Change  of  classification  in  certain 

cases. 
Township  districts. 
Si>eeial  districts. 


3887. 


3890. 
3891. 


Section 

2892.    Boundaries  of -sub-districts  not 
changed. 
Transfer  of  territory  from   one 
district  to  another. 
3894.    Township    districts    may     be- 
come village  districts. 
How  vote  shall  be  taken. 
How  board  organized. 


3893. 


3895. 
3896. 


City  districts ; 


Sec.  3885.  The  state  is  hereby  divided  into  school  dis- 
tricts, to  be  styled,  respectively,  city  district  of  the  first 
grade  of  the  first  class,  city  districts  of  the  second  grade  of 
the  first  class,  city  districts  of  the  first  class,  city  districts  of 
the  second  class,  village  districts,  special  districts,  and  town- 
ship districts.     [70  v.  195,  §  1;  84  v.  184.] 

Sec.    3886.     Each  city  having  a  population  of  two  hun- 


SCHOOL    OFFICERS     GUIDE. 


First  class. 


Classification  and  Change  of  Districts.  Ch.  1. 

dred  and  fifty  thousand  or  more  by  the  last  preceding^census  p.^.^^  grade, 

of  the  United  States,  including  the  territory  annexed  to  it  for  ''""^^  ''^a.^^-, 

school  purposes,  and  excluding  the  territory  detached  from  it 

for  school  purposes,  shall  constitute  a  city  district  of  the  first 

grade  of  the  first  class;  each  city  having  a  population  of  one 

hundred  and  fifty  thousand  or  more,  and  less  than  two  bun-  second  gra.ie, 

first  class. 

dred  and  fifty  thousand,  by  the  last  preceding  census  of  the 
United  States,  including  the  territory  anne  "ed  to  it  for  school 
purposes,  shall  constitute  a  city  district  of  the  second  grade 
of  the  first  class;  and  each  city  having  a  population  of  ten 
thousand  and  less  than  one  hundred  and  fifty  thousand  by 
the  last  preceding  census  of  the  United  States,  including  the 
territory  annexed  to  it  for  school  purposes,  and  excluding 
territory  detached  from  it  for  school  purposes,  shall  constitute 
a  city  district  of  the  first  class.  [70  v.  195,  §  2;  8L  v.  71;  84 
V.  184.] 

Sec.  3886.  Each  city  having  a  population  of  ten  thou-  qty  school 
sand  or  more,  including  the  territory  attached  to  it  for  school  tirst  class. 
purposes,  and  excluding  the  territory  within  its  corporate 
limits  detached  for  school  purposes,  shall  constitute  a  school 
districl,  to  be  styled  a  city  district  of  the  first  class ;  and  eacli 
district  that  has  heretofore  been  constituted  a  city  district  of 
the  fiist  class  shall  remain  such.  [70  v.  195,  §  2;  81  v.  71; 
85  V.  91.J 


■-•■Sec.  3886  (a).  It  will  be  observed  there  are  two  sections  with  this 
number.  The  original  section  3886  was  amended  and  repealed  in  1884,  and 
the  section  as  amended  in  1884  was  amended  and  repealed  in  1887.  The 
author  of  the  amendment  of  1888  seems  to  have  overlooked  the  amend- 
ment of  1887,  and  to  gave  gone  back  to  the  amendment  of  1884,  which  had 
been  repealed  by  the  amendment  of  1887.  Under  this  condition  of  facts 
there  Avas  nothing  left  to  do  but  to  retain  the  two  sections  with  the  same 
number. 

(6)  In  the  interpretation  of  several  of  the  sections  of  this  title,  it 
will  be  necessary  to  observe  that  "eily  districts  of  the  first  class,"  and  "  cities 
of  the  first  class"  are  not  related  terms.  A  city  of  the  first  class  has  over 
31,500  inhabitants. 

Sec.  3887.  Observe  also  that  "city  districts  of  the  second  class,"  and 
"  cities  of  the  second  class  "  are  not  co-incident. 

Sec.  3888.  Territory  attached  for  school  purposes. — The  phrase  "  terri- 
tory attached  for  school  purposes,"  as  used  in  sections  3886,  3887,  and  3888, 
evidently  applies  to  territory  not  included  in  the  corporate  limits  of  a  city 
or  village,  but  which,  at  the  time  of  its  organization,  formed  a  part  of  the 
school  district  or  sub-district  to  which  the  territory  of  such  city  or  village 


SCHOOL    OFFICERS     GUIDE. 


Ch.  1. 


Classification  and  Change  of  Districts. 


City  districts 
oi'  set'oml 
class. 


\illage  dis- 
tricts. 


(banges  of 
'""assilioation 
in  certain 
cases. 


Township 
rlistrfcts. 


Sec.  3887.  Eftch  city  of  the  second  clas?,  having  a 
population  of  le?.s  than  ten  thousand  by  the  cen.-uH  of  1870, 
including  the  territory  attached  to  it  lor  t^chool  purposes,  and 
excluding  the  territory  within  its  corporate  limits  detached 
for  school  purposes,  shall  constitute  a  school  district,  to  be 
styled  a  city  district  of  the  second  class.     [70  v,  195,  §  3.] 

Sec.  3888,  Each  village,  including  the  territory  at- 
tached to  it  for  school  purposes,  and  excluding  the  territory 
within  its  corporate  limits  detached  for  school  purposes,  shall 
constitute  a  schcol  district,  to  be  styled  a  village  district. 
[74  V.  140,  §  4.] 

Sec.  3889.  Municipal  corporations  hereafter  created,  or 
advanced  to  higher  grade,  except  villages  created  by  advance- 
ment or  otherwise,  shall,  Irom  and  after  their  creation  or 
advancement,  be  school  districts  corresponding  to  their  grade 
as  herein  provided.     [70  v.  195,  §  5.] 

Sec.  3890.  Each  organized  township,  exclusive  of  any 
of  its  territory  included  in  a  city,  village,  or  special  district. 


belonged ;  or  to  territory  transferred  from  one  district  to  another,  for  school 
purposes,  under  section  3893  of  this  chapter. 

"Territory  detached  for  school  purposes"  is  territory  taken  into  the 
corporate  limits  of  a  city  or  village,  hut  not  transferred  to  the  village  dis- 
trict, by  mutual  consent  of  the  boards  of  education  concerned;  or  it  is 
territory  formally  transferred  by  the  city  or  village  district  adjoining. 

Sec.  3889  (a).  Villages  created  by  advancement  or  otherwise,  become 
village  districts  only  when  action  is  taken  for  that  purpose  under  section 
3912,  et  seq. 

(b)  The  corporate  character  of  a  school  district  cannot  be  questioned 
in  a  collateral  proceeding.  This  is  to  be  done  in  direct  proceeding  by  quo 
warranto.  If  the  corporation  is  acting  by  virtue  of  legislative  enactment, 
this  is  sufficient  as  against  everybody,  except  the  State  itself,  and  private 
parties  cannot  question  the  regularity. — Coolcy's  Constitutional  Limita- 
tions, 254. 

Sec.  3890.  A  change  of  township  boundaries  accordingly  works  a 
change  in  the  township  district  boundaries. 

*  Sec.  3891.  The  decision  of  the  supreme  court  in  the  case  of  the 
State  v.  Powers,  38  O.  S.,  54,  which  declared  it  beyond  the  constitutional 
j)Owers  of  the  general  assembly  to  create  a  special  school  district,  has  been 
overruled  by  the  same  court  in  the  case  of  the  State  ex  rel.  Attorney-Cjen- 
eral  v.  Shearer  (February,  1889).  The  latter  decision  revives  all  the  spe- 
cial districts  created  by  the  legislature,  except  the  New  London  special 
district. 

Sec.  3892.  Sub-districts  are  the  sub-divisions  of  a  township  district. 
These  sub-divisions  are  made  by  township  boards  of  education,  and  by 
commissioners  appointed  by  the  probate  court. 


SCHOOL    OFFICERS     GUIDE. 


Classification  and  Change  of  Districts. 


Ch.  1. 


shall  constitute  a  school  district,  to  hd  styled  a  township  dis- 
trict.    [70  V.  195,  §  7.J 

Sec.  3891.  Any  school  district  now  existing,  other  than 
those  mentioned  in  sections  thirty-eight  hundred  and  eighty-six^ 
thirty -eight  hundred  and  eighty-seven,  ihirty-eight  hundred  and 
eighty-eight,  and  thirty-eight  hundred  and  ninety,  which  has  been 
established  by  a  vote  of  the  people  in  accordance  with  any 
act  of  the  general  assembly,  or  which  has  been  established 
by  a  general  or  local  act  of  the  general  assembly,  shall  con- 
stitute a  school  district,  to  be  styled  a  special  district;  and 
such  di.-tricts  may  be  established  as  provided  in  chapter  five 
of  this  title.     [70  v.  195,  §  6.] 

Sec.  3892.  The  several  sub-districts  and  joint  sub-dis 
districts  now  existing  within  any  township  district  shall 
continue,  according  to  their  respective  boundaries,  to  be  sub- 
districts  or  joint  sub-districts  thereof,  subject  to  the  provisions 
of  this  title.     [70  v.  195,  §  8.] 


Special  dis- 
tricts. 


Boundaries  of 
sub-districts 
not  changed. 


CHANGE   OF   DISTRICT. 


fW 


Sec.  3893.     A  part  or  the  whole  of  any  district  may  be    Transfer  of 
transferreci  to  an  adjoining  district,  by  the  mutual  consent  of   on"* district™ 
th«  boards  of  education  having  control  of  such  districts;  but    ^^  ^•"o*^*''^- 
no  such  transfer  shall  take  effect  until  a  statement  or  map, 
showing  the  boundaries  of  the  territory  transferred,  is  entered 
upon  the  records  of  such  boards,  nor,  except  when  the  trans- 
fer is  for  the  purpose  of  forming  a  joint  sub-district,  until  a 
copy  of  such  statement  or  map,  certified  by  the  clerks  of  the 
board  making  the  transfer,  is  filed  with  the  auditor  of  the 
county  in  which  the  transferred  territory  is  situate;  and  any 
person  living  in  the  territory  so  transferred  may  appeal  to 


Concerning  jpint  sub-districts,  see  chapter  5. 

Sec.  3893  (a).     There  is  no  such  thing  as  transferring  territory  for    Transfer  of 
temporary  purposes,  witli  an  understanding  that  it  shall  be  set  back  at  a    territory, 
definite  future  time.     Such  territory  can  be  transferred  again  as  other  terri- 
tory may  be ;  thus  changing  again  the  boundaries  of  the  district  and  the 
voting  relations  of  residents. 

(6).  Unless  boards  transfer  territory,  an  appeal  does  not  lie  to  the 
commissioners,  under  this  section.  But  if  a  case  arises  such  as  is  described 
under  section  3969,  the  commissioners  may  be  applied  to  for  relief. 

(c).  It  is  the  evident  intention  of  the  statute  that  the  territory  to  be 
transferred  to  an  adjoining  district  must  be  contiguous  to  the  district.  Uguous!  *'°" 


lO 


SCHOOL   OFFICERS     GUIDE. 


Ch.  1. 


Classification  and  Change  of  Districts. 


Township 
districts  may 
become  vil- 
lage districts. 


How  vote 
shall  be  taken. 


How  board 
organized. 


the  county  commissioners,  as  provided  in  section  thirty-nine 
hundred  and  sixty  seven,  and  the  commissioners,  at  their  first 
regular  meeting  thereafter,  shall  approve  or  vacate  such 
transfer.     [70  v.  195,  §  40.] 

Sec.  3894.  The  board  of  education  of  any  township  dis- 
trict may  decide  to  submit,  and,  on  petition  of  one-third  of 
the  electors  of  the  district,  shall  submit,  at  the  first  regular 
election  for  township  officers  after  such  decision  is  made  or 
petition  received,  the  question  whether  such  township  dis- 
trict shall  be  governed  by  the  provisions  of  this  title  relating 
to  village  districts;  and  the  board  shall  give  notice  of  the 
vote  to  be  taken,  by  posting  up  written  or  printed  notices,  in 
ten  or  more  public  places  in  the  township,  at  least  twenty 
days  prior  to  such  election.     [70  v.  195,  §  155.] 

Sec.  38'.i5.  The  election  ehall  be  conducted  by  the  town- 
ship trustees,  who  shall  provide  a  separate  ballot-box  and 
separate  poll-books,  and  make  a  return  of  the  vote  to  the 
township  clerk,  and  also  to  the  commissioner  of  common 
schools,  within  five  days  after  the  election;  and  the  per.-ons 
voting  at  such  elections  in  favor  of  such  change  shall  have 
written  or  printed  on  their  ballots— "School  District,"  and 
those  opposed  to  such  change — "No  School  District."  [70  v. 
195,  §  156.] 

Sec.  3896.  At  the  annual  organization  of  the  township 
board  after  any  such  election,  if  it  be  found  that  a  majority 
of  the  votes  cast  were  in  favor  of  the  change,  the  board  shall 
select,  by  vote  or  lot,  six  persons  to  serve  as  a  township  board 
of  education,  two  of  whom  shall  serve  for  three  years,  two  for 
two  years,  and  two  for  one  year ;  and  such  board  shall  there- 
after be  governed  by  the  provisions  of  this  title  relating  to 
boards  of  village  districts.     [70  v.  195,  §  167.] 


SCHOOL    officers'    GUIDE.  I  I 


City  Districts  of  the  First  Class.  Ch.  2. 


CHAPTER  2. 
CITY  DISTRICTS  OF  THE  FIRST  CLASS. 


Section 

3897.  Board  of  education— how  consti- 

tuted, and  how  membership  in- 
creased. 

3898.  When  two  members  for  each  ward, 

how  elected. 

3899.  When  one  member  for  each  ward, 

how  elected. 


Section 
3900.    Where  certain  electors  to  vote, 

plats  of  attached  territory. 
3301.    Conduct  of  elections. 

3902.  How  electors  on  attached  terri- 

tory to  cast  ballots. 

3903.  Meetings  and  certnin  powers  of 

the  board. 


Sec.  3897.  In  city  districts  of  the  first  grade  of  the  first  Su  incuy 
class,  the  board  of  education  shall  consist  of  one  member  from  grlS'rsf^ 
each  ward,  and  each  member  of  the  board  shall  be  an  elector  tionof  nfem- 
of  the  ward,  or  of  the  township,  or  part  of  the  township,  term's  of  office. 
which,  for  school  p^irposes,  has  been  or  may  be  attached  to 
such  ward,  for  which  he  is  elected  or  appointed;  provided, 
that  [inj  city  districts  of  the  first  grade  of  the  first  class,  be- 
ginning with  the  annual  election  for  city  officers  held  in 
April,  1887,  one  member  shall  be  elected  from  each  ward 
having  an  even  numerical  designation,  or  from  territory 
attached  for  school  purposes  to  such  ward  having  an  even 
numerical  designation,  as  above  provided,  who  shall  serve 
for  the  term  of  one  year,  and  that  at  the  annual  election  for 
city  officers  held  in  April,  188",  one  member  shall  be  elected 
from  each  ward  having  an  odd  numerical  designation,  or  from 
territory  attached  for  school  purposes  to  such  ward  having  an 
odd  numerical  designation  as  above  provided,  who  shall  serve 
for  a  term  of  two  years,  and  annually  thereafter  as  the  term  of 
members  elected  by  said  ward  or  ward  with  territory  attached 
for  school  purposes,  as  above  provided,  shall  expire,  successors 
shall  be  elected  to  hold  for  the  term  of  two  years;  and  if  any  vacancy  by 

.         ,.,  removal. 

person  elected  a  member  ot  said  board  shall,  during  his  term 
as  said  member,  move  out  of  the  ward  for  which  he  was 
elected,  then  his  term  shall  cease  and  determine,  and  said 
board  shall  elect  a  person  to  fill  the  vacancy;  the  members 
elected  under  this  act  shall  hold  office  until  their  successors 
are  elected  and  qualified  ;  provided,  that  the  board  of  educa-  ancf  remwai* 
tion  established  by  this  act  shall  be  in  all  respects  the  succes- 
sors of  the  respective  board  whose  place  they  take ;  but  the 

Sec.  3897.  Change  of  Residence.— When  a  member  of  a  board  of  edu- 
cation or  a  local  director  ceases  to  be  an  elector  in  the  district,  ward,  or  sub- 
district  which  he  was  elected  to  represent,  he  vacates  his  office. 


12 


SCHOOL   OFFICERS     GUIDE. 


Oh.  2. 


City  Districts  of  the  First  Class. 


New  wards. 


Board  of  edu- 
(iation  in  city 
districts  first 
class;  elec- 
tion audi 
term  of  mem- 
l)crs. 


members  of  such  board  of  education  shall  not,  as  individuals 
or  as  local  committees,  exercise  supervisory  authority  over  the 
schools  in  the  several  wards  or  districts,  or  have  the  selection 
or  nomination  of  teachers-  The  superintendent  of  the  public 
schools  of  said  city  district  of  the  first  grade  o:  the  first  class 
shall  appoint  all  the  teachers  of  said  schools  by  and  with  the 
consent  of  the  board  of  education,  and  the  superintendent  or 
the  board  of  education  ma)'  remove  for  cause ;  and  provided 
further,  that  when  a  new  or  additional  ward  shall  be  created 
in  such  city  district,  the  board  of  education  shall  proceed  to 
elect  a  person  who  is  an  elector  of  such  additional  ward,  or  of 
territory  thereto  attached  for  school  purposes,  as  a  member  of 
the  board  from  such  ward,  to  serve  until  the  next  annual 
election  for  city  ofScers,  at  which  annual  election  the  quali- 
fied electors  of  each  such  new  wards,  and  the  territory  an- 
nexed thereto  for  school  purposes,  shall  elect  one  judicious  and 
competent  person,  having  the  qualification  of  an  elector  of 
such  ward  or  territory  thereto  attached  for  school  purposes, 
to  serve  as  a  member  of  the  board  of  education ;  provided, 
that  if  such  new  wards  have  an  even  numerical  designation, 
the  member  so  elected,  as  provided  above,  shall  serve  until 
the  expiration  of  the  term  of  other  members  who  are  or  have 
been  elected  from  wards  having  an  even  numerical  designa- 
tion, and  if  such  new  ward  having  an  odd  numerical  designa- 
tion, the  member  so  elected,  as  provided  above,  shall  serve 
until  the  expiration  of  the  term  of  other  members  of  said 
board,  who  are  or  have  been  elected  from  wards  having  an  odd 
numerical  designation;  and  annually  thereafter,  as  the  term 
of  members  so  elected,  as  above  provided,  shall  expire,  suc- 
cessors shall  be  elected,  who  shall  serve  for  the  terra  of  two 
years,  and  until  the  election  and  qualification  of  their  suc- 
cessors.    [77  V.  80;  82  V.  7;  84  v.  184.] 

Sec.  3898.  In  each  city  district  of  the  first  class,  and 
not  of  the  first  or  second  grade,  the  board  of  education  shall 
consist  of  two  members  from  each  ward,  except  in  city  dis- 
tricts organized  under  a  law  providing  for  one  member  only 
for  each  ward,  in  which  districts  the  board  may,  at  any  time, 
by  a  vote  of  the  majority  of  all  its  members,  provide  that 
thereafter  each  ward  shall  be  represented  by  two  members, 
and  thereupon  proceed  to  choose  one  additional  member  for 


SCHOOL   OFFICERS     GUIDE.  1 3 


City  Districts  of  the  First  Class.  Ch.  2. 


each  ward,  to  serve  until  the  next  annual  election  for  city- 
officers,  and  until  the  election  and  qualification  of  his  suc- 
cessor; and  each  member  of  the  board  shall  be  an  elector  of 
the  ward  for  which  he  is  elected  or  appointed  ;  and  at  every 

n  ■  n-  ■  -L  1-1  i-j.    i         Board  of  edn- 

annual  election  for  City  oincers  in  a  city  which  constitutes  cation  in  city 

.  .  -  districts,  (irpt 

districts  of  the  first  class,  wherein  the  board  consists  of  two  class. 
members  for  each  ward,  there  shall  be  elected  in  each  ward, 
.by  the  qualified  electors  thereof,  one  judicious  and  competent 
person  to  serve  as  a  member  of  the  board  of  education  of  the 
districts  for  two  years,  from  the  third  Monday  of  April  suc- 
ceeding his  election,  and  until  the  election  and  qualification 
of  his  successor ;  provided,  that  kt  the  annual  election  for 
city  officers,  held  first  after  a  city  has  been  constituted  a  city 
district  of  the  first  class,  with  a  board  to  consist  of  two  mem- 
bers from  each  ward,  there  shall  be  elected  in  each  ward  of 
such  city,  by  the  qualified  electors  of  such  ward  and  of  said 
district  entitled  to  vote  in  such  wards,  two  persons  of  the  re- 
quired qualifications  to  serve  as  members  of  the  board  of  edu- 
cation of  such  districts,  one  for  one  year  and  the  other  for 
two  years  from  the  third  Monday  of  April  succeeding  their 
election,  and  until  the  election  and  qualification  of  their  suc- 
cessors; and  provided,  that  any  elector  residing  in  such  dis- 
trict, but  not  in  any  ward  of  such  city,  shall,  if  the  territory 
containing  his  residence  has  not  been  attached  to  any  ward 
for  school  purposes,  as  provided  in  section  thirty-nine  hun- 
dred, be  entitled  to  vote  for  members  of  the  school  board  in 
the  ward  nearest  his  residence;  and  in  such  case  a  separate 
ballot-box  and  poll-book  shall  be  provided  and  used,  as  re- 
quired in  section  thirty-nine  hundred  and  two,  in  each  ward 
where  any  such  elector  may  be  entitled  to  vote;  when  the 
board  of  education  in  such  city  district  of  the  first  class  con- 
sists of  as  many  members  as  there  are  wards,  there  shall  be 
elected  at  the  annual  election  for   city  officers  in   the  year 
eighteen  hundred  and  eighty,  and  every  two  years  thereafter, 
in  each  ward  designated  by  an  even  number,  and  in  the  year 
eighteen  hundred  and  eighty-one,  and  every  two  years  there- 
after, in  each  ward  designated  by  an  odd  number,  by  the 
qualified  electors  thereof,  one  member  of  the  board,  who  shall 
hold  his  office  for  two  years,  and  until  the  election  and  the 
qualification  of  his  successor.     [70  v.  195,  §  11 ;  84  v.  184.] 


14  SCHOOL    OFFICERS     GUIDE. 

Ch.  2.  City  Districts  of  the  First  Class. 


bSofedu-  S^^-     ^^^^-     ^"  ^^^y  districts  of   the  first  class,  second 

cation.  grade,  the  board  of  education  shall  consist  of  twenty  mem- 

bers, to  be  elected  by  districts,  to  serve  for  the  term  of  two 
years,  except  as  hereinafter  provided ;  and  for  the  purpose  of 
electing  such  board  of  education  such  cities  shall  be  and  are 
hereby  divided  into  twenty  districts,  as  fellows: 
City  divided  The  second  and  fourth  wards  shall  constitute  the  first 

into  districts. 

district. 

The  fifth  and  eighth  wards  shall  constitute  the  second 
district. 

The  sixth  and  seventh  wards  shall  constitute  the  third 
district. 

The  ninth  and  eighteenth  wards  shall  constitute  the 
fourth  district. 

The  nineteenth  and  twenty-first  wards  shall  constitute 
the  fifth  district. 

The  twentieth  and  twenty-second  wards  shall  constitute 
the  sixth  district. 

The  twenty-third  and  twenty- sixth  wards  shall  constitute 
the  ssvenlh  district. 

The  twenty-fifth  and  twenty-seventh  wards   shall   con- 
stitute the  eighth  district. 

The  seventeenth  and  twenty-fourth  wards  shall  consti- 
tute the  ninth  district. 

The  thirteenth  and  fifteenth  wards  shall  constitute  the 
tenth  district. 

The  twelfth  and  fourteenth  wards  shall  constitute  the 
eleventh  district. 

The  tenth  and  eleventh  wards  shall  constitute  the  twelfth 
district. 

The  first  and  sixteenth  wards  shall  constitute  the  thir- 
teenth district. 

The  third  and  twenty-eighth  wards  shall  constitute  the 
fourteenth  district. 

The  twenty-ninth  and  thirtieth  wards  shall   constitute 
the  fifteenth  district. 

The  thirty-first  and  thirty-third  wards  shall  constitute 
the  sixteenth  district. 

The  thirty-fourth  and  thirty-fifth  wards  shall  constitute 
the  seventeenth  district. 


SCHOOL    OFFICERS     GUIDE.  15 

City  Districts  of  the  First  Class.  Ch.  2. 

The  thirty-second  and  thirty-sixth  wards  shall  constitute 
the  eighteenth  district. 

The  thirty-ninth  and  fortieth  wards  shall  constitute  the 
nineteenth  district. 

The  thirty-seventh  and  thirty-eighth  wards  shall  consti- 
tute the  twentieth  district. 

And  in  said  cities  of  the  second  grade,  first  class,  there 

°  '  '  Election  and 

shall  be  elected  at  the  first  annual  municipal  election  to  be  term  of  mem - 

^  bers. 

held  after  the  passage  of  this  act,  in  each  district  designated 
by  an  even  number,  by  the  qualified  electors  thereof,  for  the 
term  of  three  years,  and  thereafter  biennially,  and  in  each 
district  designated  by  an  odd  number,*  by  the  qualified  elec- 
tors thereof,  for  the  term  of  two  years,  and  thereafter  bien- 
nially, one  member  of  the  board,  who  shall  hold  his  office 
until  the  election  and  qualification  of  his  successor.  [70  v. 
195,  §  11;  71  v.  55,  §§  1,  2,  3;  83  v.  3  '."| 

Sec.  3900.     An  elector  residing  in  the  city  district,  but   where  cer- 
not  in  any  ward  of  the  city,  shall  be  entitled  to  vote  in  the  to"^o^efpiats 
ward  to  which  he  is  attached  by  the  board  of  education  for  territorjf 
school  purposes;  but  an  elector  residing  in  the  city,  and  not 
in  the  city  district,  shall  not  be  entitled  to  vote  at  any  elec- 
tion provided  for  in  this  chapter ;  the  board  shall  ascertain 
whether  the  city  limits  are  co-extensive  with  the  limits  of 
the  school  district;  and  in  case  the  school  district  includes 
territory  without  the  corporate  limits,  the  board  shall  make 
or  cause  to  be  made  a  plat  of  the  territory  so  attached  for 
school  purposes,  designating  thereon  by  metes  and  bounds 
the  ward  or  wards  to  which  such  attached  territory  is  to  be 
thereafter  assigned;  which  plat  shall  be  recorded  as  a  part  of 
the  proceedings  of  the  board.     [70  v.  195,  §§  lO,  12.] 

Sec.  3901.     The  election  provided  for  in  section  thirty-  conduct  of 
eight  hundred  and  ninety-nine  shall  be  conducted  by  the  judges 

Sec.  3900.  Of  course  an  elector  residing  in  a  city  of  the  first  class, 
and  not  in  the  city  district,  votes  for  school  officers  with  the  voters  outside 
of  the  city,  and  in  the  same  district  with  him.  See  sections  3908  and  3916. 
"  Shall  be  elected  by  the  qualified  electors  of  such  districts,"  however  the 
districts  may  be  situated  as  to  the  boundaries  of  cities,  etc. 

Sec.  3901.  The  method  of  contesting  an  election  is  by  quo  warranto. 
E.  S.,  Section  6760. 

(a).     "Shall  m!ike  returns,"  that  is,  a  certificate  showing  the  vote  for    Returns. 
each  candidate  for  the  required  office  in  the  proper  ward,  for  township, 


i6 


SCHOOL    OFUCERS     GUIDE. 


Ch.  2. 


City  Districts  of  the  First  Class. 


How  electors 
on  attached 
t^rritorj-  to 
(«ist  ballots. 


I'oll-books, 


Contest  by 
qno    wiirritnto. 


and  clerks  of  the  city  elections,  and  they  shall  make  returns 
of  such  election  to  the  board  of  education  within  five  days 
from  the  time  of  holding  the  sara-.     [70  v.  195,  §  13.] 

Sec.  3902.  The  judges  and  clerks  of  city  elections,  in 
the  wards  to  which  any  territory  beyond  the  city  limits  has 
been  attached  by  the  board  of  education  for  school  purposes, 
shall  have  two  separate  ballot-boxes  and  two  sets  of  poll- 
books;  the  electors  residing  on  such  attached  territory  may 
vote  at  all  regular  and  special  elections  in  such  wards  for 
members  of  the  board  of  education;  the  judges  of- election 
in  such  wards  shall  receive  the  ballots  of  the  electors  resid- 
ing on  such  attached  territory,  and  depo-it  them  in  the 
ballot-box  proviiif'd  t'nr  tliat  p'^rnopo;  the  clerks  of  election 


village,  or  special  district],  at  the  proper  date,  signed  by  the  judges  and 
clerks  of  election  before  they  disperse,  sealed,  marked  "Election  Returns," 
and  directed  and  sent  in  this  case  to  the  board  of  education.  See  notes  to 
section  3917. 

(6).  Poll-books  dulv  certified  and  returned  are  prima  fade  evidence  of 
the  truth  of  their  contents,  but  this  presumption  will  be  rebutted  by  proof 
that  they  are  fraudulent  and  fictitious  to  such  an  extent  as  to  render  them 
wholly  unreliable.     Phelps  v.  Schroder,  2t>  O.  S.,  549. 

(c).  Where  a  poll-book  is  thus  impeached  and  rejected,  the  legal 
voters  are  not  disfranchised,  but  the  burden  of  otherwise  proving  -legal 
votes  is  thrown  upon  the  party  claiming  them.     lb. 

(r/).  The  relator  having  received  a  certificate  of  election  as  school 
director,  was  sworn  in,  and  some  months  afterward,  the  board  having 
become  satisfied  that  he  had  not  received  a  majority  of  the  votes  and  that 
defendant  had,  swore  in  the  latter  and  excluded  the  relator  from  their 
meetings,  and  the  relator  thereupon  filed  an  information  in  the  nature  of  a 
quo  uarranto,  against  defendant.  Held,  as  the  law  for  the  election  of  school 
directors  makes  no  provision  for  contest  of  election,  the  method  adopted  in 
this  case  is  available.  Therefore  the  fact  that  the  relator  had  recei%'ed  a 
certificate  is  not  conclusive,  for  the  court  must  go  behind  the  certificate  to 
ascertain  who  had  the  majority  of  votes.  State  ex  rel.,  (Langdon)  v. 
Goodale.    4  Bull.,  1065,  8  Ilec,  432. 

(e).  That  this  remedy  is  exclusive,  and  that  a  mandamus  to  recanvass 
will  not  lie,  see  26  O.  S.,  216. 

(/).  In  case  of  fraud  on  the  part  of  the  judges  in  receiving  or  in 
counting  votes,  McCray  on  Elections,  ?  184,  after  referring  to  many  cases 
and  authorities,  remarks:  "  The  safe  rule  probably  is  that  where  an  elec- 
tion board  are  found  to  have  willfully  and  deliberately  committed  a  fraud, 
even  though  it  effect  a  number  of  votes  too  small  to  change  the  result,  it  is 
sufficient  to  destroy  all  confidence  in  their  official  acts,  and  to  put  the  party 
claiming  anything  under  the  election  conducted  by  them,  to  the  proof  of 
his  votes,  by  evidence,  other  than  the  returns."  See  Judkins  v.  Hill,  50  N. 
H.,  140;  Knox  Co.  v,  Davis,  63  111.,  405;  Russell  v.  State,  11  Kan.,  308." 


SCHOOL    OFFICERS     GUIDE.  I  J 

City  Districts  of  the  Second  Class,  and  Village  Districts.  Ch.  .S. 


shall  enter  upon  the  separate  poll-books  provided  for  that 
purpose  the  names  of  such  electors  so  voting;  and  due 
returns  of  such  elections  for  members  of  the  board  shall  be 
made  as  provided  by  section  thirty-nine  hundred  and  one.  [70  v. 
195,  §  12.] 

Sec.  3903.     The  board  of  education,  except  in  cities  of  Timeof  regu- 

'  *^  lar  meetings  of 

the  first  class,  second  grade,  shall  hold  regular  meetings  ^^.^^^^^  ofiedu- 
once  every  two  weeks.  In  cities  of  the  first  class,  second 
grade,  said  board  shall  hold  its  meetings  on  the  first  and 
third  Monday  of  each  month  following  the  third  Monday  of  fngs^etc.™*^^*^" 
April,  and  in  all  city  districts  of  the  first  class,  said  board 
may  hold  such  special  meetings  as  it  may  deem  necessary ; 
it  may  fill  all  vacancies  that  occur  in  the  board  until  the 
next  annual  election,  and  may  make  such  rules  and  regula- 
tions for  its  own  government  as  it  may  deem  necessary  ;  but 
such  rules  and  regulations  must  be  consistent  with  the  con- 
stitution and  laws  of  the  State.     [79  v.  59.] 


CPIAPTER   3. 


CITY    DISTRICTS    OF    THE    SECOND    CLASS,    AND    VILLAGE 

DISTRICTS. 


Section 

3909.  Notice  of  elections. 

3910.  Returns  to  be  made  to  board. 

3911.  How  membership  increased. 

3912.  How  village  may  become  village 

district. 

3913.  How  village  district  organized. 

3914.  Organization  of  board. 


Section 

3904.  Membership  of  board    of  educa- 

tion. 

3905.  Election  of  members  in  city  dis- 

tricts. 

3906.  Conduct  of  the  election. 

3907.  Election  when  as  many  members 

as  wards. 

3908.  Election  in  village  districts. 

Section  3904.  In  city  districts  of  the  second  class,  and  Membership  of 
in  village  districts,  the  board  of  education  shall  consist  of  cation. 
six  members,  except  in  districts  organized  under  a  law  pro- 
viding for  only  three  members,  who  shall  have  the  qualifi- 
cations of  an  elector  therein,  and  in  such  districts  the  mem- 
bership may  be  increased  to  six,  in  the  manner  hereinafter 
provided ;  but  the  board  of  a  city  district  of  the  second  class, 
may  provide,  by  a  vote  of  the  majority  of  its  members,  that 
tlie  board  shall  consist  of  as  many  members  as  the  city  has 
wards.     [70  v.  195,  §§  16,  17] 

Sec.  3903  (a).  For  manner  of  filling  vacancies  in  the  board,  see  sec- 
tion 3981,  with  the  notes  thereto. 

(6).  For  classification  of  cities,  see  sections  1547-8,  of  Revised  Stat- 
utes.    See  also  remarks  under  sections  3886  and  3887. 

2 


i8 


OHIO    SCHOOL    LAWS. 


Ch.  3. 


Election  of 
members  in 
citv  districts. 


Conduct  of 
election  of 
members  of 
board  of  edu- 
cation in  city 
districts, 
second  class. 


City  Districts  of  tbe  Second  Class,  and  Village  Districts. 

Sec.  3905,  In  city  districts  of  the  second  class,  except 
such  as  are  mentioned  in  section  thirty-nine  hundred  and  seven, 
members  of  the  board  of  education  shall  be  elected  annually, 
to  serve  lor  the  term  of  three  years  from  the  third  Monday  of 
April  succeeding  their  election,  and  until  the  election  and 
qualification  of  their  successors;  if  the  board  consists  of  six 
members,  two  judicious  and  competent  persons  shall  be 
elected  each  year ;  and  if  the  board  consists  of  three  mem- 
bers, one  such  person  shall  be  elected  each  year.     [75  v.  53, 

§  18-] 

Sec.  3906.  If  the  boundaries  of  the  district  and  [the] 
city  are  identical,  or,  if  territory  has  been  detached  from  the 
city  and  attached  to  another  district,  the  election  shall  be 
conducted  exclusively  by  the  judges  and  clerks  of  the  city 
election,  but  electors  residing  within  the  bounds  of  such  de- 
tached territory  shall  not  vote  thereat ;  but  if  territory  out- 
side the  city  limits  is  attached  to  the  district,  an  election 
shall  also  be  held  for  the  same  purpose  in  the  township  from 
which  it  was  detached,  and  conducted  by  the  judges  and 
clerks  of  the  township  election,  but  only  electors  residing 
within  the  bounds  of  such  territory  shall  vote  thereat;  the 
election  shall  be  held  at  the  same  time  and  places  as  the  elec- 
tion for  city  or  township  officers  shall  be  held ;  the  names  of 
candidates  for  such  member  shall  be  upon  separate  tickets, 
and  all  such  tickets  voted  shall  be  deposited  in  separate 
ballot-boxes,  which  shall  be  provided  by  the  board  of  educa- 
tion ;  separate  poll-books  of  the  election  shall  be  kept,  and 


Territory  dt- 

tached^from 

citv.l 


Territory  at- 
tached to  city 
dibtrict. 


Sec.  3906  (a).  According  to  the  first  clause  of  this'section,  a  district 
adjoining  a  city  district  of  the  second  class,  and  having  attached  to  it 
some  territory  of  the  city,  holds  its  election  for  school  officers  wholly  in  its 
own  territory.  All  the  voters  resident  in  such  district  whether  outside  of 
the  city  or  within  it,  vote  together  for  members  of  the  board. 

(6).  According  to  the  second  clause,  voters  living  outside  the  limits 
of  a  city  of  the  second  class,  and  yet  on  territory  attached  to  such  city  for 
school  purposes,  do  not  vote  within  their  district,  that  is,  at  the  city  or 
ward  poll,  but  at  the  poll  of  the  township  in  which  their  school-house  is 
situated — depositing  their  ballots  for  school  officers  for  the  city  district  "  in 
a  separate  ballot-box  which  shall  be  provided  by  the  board  of  education  " 
of  the  city  district,  since  the  township  board  is  not  interested  in  the  subject. 
For  the  same  reason  the  separate  poll-book  is  probably  to  be  provided  by 
the  same  board.  "  The  returns  " — see  note  to  3901 — are  to  be  made  to  the 
city  clerk,  who  will  combine  this  count  with  the  count  of  those  cast  withia 
the  city  and  returned  to  him. 


SCHOOL    OFFICERS     GUIDE.  I9 

Ch.  2.  City  Districts  of  the  Second  Class,  and  Village  Districts. 


returns  of  the  election  shall  be  made  to  the  clerk  of  the  city 
which  constitutes  the  district.  [75  v.  53,  §  18;  82  v.  6;  83 
V.  82.] 

Sec.  3907.     In  a  city  district  of  the  second  class  in  which 

''  -  Election  after 

the  board  consists  of  as  many  members  as  the  city  has  wards,  piembership 
there  shall  be  elected  biennially  in  each  ward,  at  the  time 
and  in  the  manner  provided  in  the  preceding  chapter  for 
election  in  city  districts  of  the  first  class,  one  competent  and 
judicious  person  to  serve  as  a  member  of  the  board  for  two 
years  from  the  third  Monday  of  April  succeeding  his  election, 
and  until  the  election  and  qualification  of  his  successor ;  but 
at  the  first  election  after  it  is  decided  that  the  board  shall  be 
so  constituted,  the  persons  elected  in  wards  designated  by  odd 
numbers  shall  serve  for  only  one  year  from  the  third  Monday 
of  April  succeeding  their  election,  and  until  the  election  and 
qualification  of  their  successors;  and  the  board  shall  ascer- 
tain the  limits  of  the  district,  assign  attached  territory  to 
wards,  and  make  and  record  a  plat  thereof,  as  provided  in 
section  thirty-nine  hundred.     [75  v.  53,  §  18;  70  v.  195,  §  101.] 

Sec.  3908.  In  village  districts  members  of  the  board  of  Election  in 
education  shall  be  elected  on  the  first  Monday  of  April  an-  trict". 
nually,  to  serve  for  the  term  ©f  three  years  from  the  third 
Monday  of  April  succeeding  their  election,  and  until  the  elec- 
tion and  qualification  of  their  successors ;  the  qualified  elec- 
tors of  the  district,  including  those  residing  within  the 
bounds  of  territory  attached  to  the  district,  but  beyond  the 
village  limits,  shall  meet  between  the  hours  of  six  o'clock  A.. 
M.  and  six  o'clock  P.  M.  of  said  day,  at  the  usual  places  of 


Sec.  3908(a).    The  evident  intent  of  the  law  requires  that  when  the   Opening  an* 
polls  are  once  opened,  they  should  be  kept  open  until  the  hour  prescribed    <''0''''"S^  polls, 
for  finally  closing ;  but  the  statute  on  the  conduct  of  elections,  section  2929, 
is  said  to  be  directory,  and,  if  so,  "  a  departure  from  its  strict  observance 
will   not   necessarily   invalidate   an   election,   where   no   fraud    has  been 
practiced  and  no  substantial  right  violated."     Fry  v.  Booth,  19  O.  S.,  25. 

(6).  It  is  presumed  that  the  same  principle  holds  in  the  school  law. 
But  the  burden  of  proof  will  be  on  the  party  denying  the  violation  of 
personal  rights  in  the  case. 

The  polls  should  be  opened  and  closed  at  the  precise  time  designated 
by  the  statute,  it  the  statute  fixes  the  time,  or  by  the  notice,  if  so  fixed. 

(c).     For  method  of  contesting  elections,  see  note  to  section  3901. 

*If  one  candidate  is  ineligible,  and  the  other  is  not  elected,  the  electiea 
is  void.    See  note  d,  Sec.  3917. 


20  OHIO    SCHOOL    LAWS. 


Ch.  3.  City  Districts  of  the  Second  Class,  and  Village  Districts. 

holding  school  elections,  organize  by  the  appointment  of  a 
chairman  and  secretary,  and  proceed  to  vote  by  ballot  for  per- 
sons to  serve  as  members  of  the  board ;  and  if  the  board 
consist  of  six  members,  two  judicious  and  competent  persons 
shall  be  elected  each  year,  and  if  it  consists  of  three  mem- 
bers, one  such  person  shall  be  elected  each  year.     [75  v.  53, 

§18] 
Notice  of  eioc-  ^^^^  39Q9     -pj^^  ^^^^^^  ^f  ^j^^  1^^^^^^^  ^f  education  of  each 

city  district  of  the  second  class,  and  of  each  village  district, 

shall  publish  a  notice  of  the  election  and  meeting  provided 

for  in   the   preceding   sections,  in   a   newspaper  of  general 

circulation  in  the  district,  or  post  written  notices  of  such 

meeting  in  five  of  the  most  pub  ic  places  in  the  district,  at 
least  ten  days  before  the  holding  of  the  same,  which  notice 


tions. 


Sec.  3909  (a).  In  the  law  pertaining  to  such  notices,  a  day  is  held  to 
be  indivisible.  Hence  a  notice  issued  on  any  day,  allows  the  whole  of  that 
day  to  be  included  in  the  ten,  or  other  number  of  days'  notice,  provided 
Length  of  no-  for  by  a  statute.  Since  the  ten  days  must  all  expire  before  the  meeting 
begins,  it  must  also  expire  before  the  day  begins  on  which  the  meeting  is 
held,  the  day  itself  being  but  a  point  of  time.  The  acts  of  a  meeting  held 
on  any  other  day  than  that  expressed  in  the  notice,  are  invalid.  16  O., 
408.     4  Western  Law  Monthly,  215. 

(6).  A  notice  for  a  school  electibn  must  state  the  purpose  for  which 
it  is  to  be  held,  and  no  other  business  can  be  legally  transacted  thereat,  14 
Vermont,  300.  The  transaction  of  such  business,  however,  would  not 
Omission  of  invalidate  acts  done  in  accordance  <vith  the  notice.  Furthermore,  "  the 
notice  of  va-  omission  of  the  sheriff  [clerk]  to  mention  in  his  notice  one  of  the  vacan- 
cies to  be  filled  is  not  conclusive  evidence  of  the  invalidity  of  the  election. 
Taken  in  connection  with  other  circumstances,  it  is  competent  evidence  of 
fraud  or  conspiracy.  State  v.  Taylor,  15  O.  S.,  137.  State  v.  Stewart,  26  O. 
S.,  216.  But  if  the  sheriff  [clerk]  fails  to  give  such  notice  for  one  of  the 
vacancies  to  be  filled,  and  in  consequence  of  such  neglect,  only  a  small 
minority  of  the  electors  present  vote  for  a  person  to  fill  such  vacancy,  such 
election  is  irregular  and  invalid.     Foster  v.  Scarfi,  15  O.  S.,  532." 

(c).  On  this  subject,  McCrary  on  Elections,  g  135,  says  :  "  It  must  be 
conceded  that  time  and  place  are  of  the  substance  of  every  election,  while 
many  provisions  which  appertain  to  the  manner  of  conducting  an  election 
may  be  directory  only.  [Dickey  v.  Hulburt.  5  Cal.,  343.]  But  it  does  not 
follow  that  due  notice  of  time  and  place  of  holding  an  election  is  always 
Malice  of  time  essential  to  its  validity.  Whether  it  is  so  or  not  depends  upon  the  question 
am    p  ace.  whether  the  want  of  due  notice  has  resulted  in  depriving  any  portion  of 

the  electors  of  their  rights."     13  N.  Y.,  350;  12  Mich.,  508;  see  also  Foster 
v.  Scarf,  15  O.  S.,  532. 

(d).  It  is  more  essential  that  proper  legal  notice  be  given  for  an  elec- 
tion to  fill  a  vacancy,  or  to  authorize  a  tax-,  than  of  a  regular,  stated 
election,  provided  for  by  law. 


SCHOOL    OFFICERS     GUIDE.  21 

City  Districts  of  the  Second  Class,  and  Village  Districts.  Ch.  3. 

shall  specify  the  time  and  place  of  the  electioa  or  meeting, 
and  the  number  of  members  to  be  elected.     [75  v.  53,  §  19.] 

Sec.  3910.     The  secretary  of  the   meeting   or   clerks  of  Returns  to  be 

1         •  •  -It  T    i    •    ,  .11/..         1-1         i  1     11     made  to  board. 

elections  in  village  districts  provided  for  in  this  chapter  shall 
keep  a  poll-book  and  tally-sheet,  and  return  the  same  within 
five  days  after  the  election  to  the  clerk  of  the  board  of  edu- 
cation of  the  district,  duly  certified.     [75  v.  53,  §  20.] 

Sec.  3911.  When  the  electors  of  a  city  district  of  the  ^^^^i^^^^^f" 
second  class,  or  of  a  village  district,  the  board  of  education  of  ^^' 
which  consists  of  three  members,  desire  that  the  board  shall 
consist  of  six  members,  they  may  make  such  change  in  the 
manner  following  :  Written  or  printed  notices  shall  be  posted 
in  at  least  five  of  the  most  public  places  in  the  district,  at 
least  ten  days  prior  to  the  day  designated  therein,  signed  by 
a  majority  of  the  members  of  the  board  of  education,  or  by 
one  member  of  the  board  and  at  least  ten  resident  electors  of 
the  district,  requesting  the  qualified  electors  of  the  district 
to  assemble  on  a  day,  and  at  an  hour  and  a  place,  to  be  desig- 
nated therein,  then  and  there  to  vote  for  or  against  such 
change;  the  electors,  when  assembled  in  accordance  with  the 
notice,  shall  appoint  a  chairman  and  two  clerks,  who  shall  be 
judges  of  the  election ;  the  electors  in  favor  of  the  proposed 
change  shall  have  written  or  printed  upon  their  ballots  the 
words,  "  Board — change,"  and  those  opposed  thereto  the 
words,  "  Board — no  change,"  and  the  ballots  cast  shall  deter- 
mine the  question  whether  the  change  shall  be  made ;  the 
judges  shall  make  due  return  of  the  election  to  the  board  of 
education  of  the  district,  within  ten  days  after  the  holding  of 
the  same;  and  if  a  majority  of  the  votes  cast  be  found  to  be 
in  favor  of  the  change,  three  additional  members  of  the 
board  shall  be  chosen  at  the  next  annual  election  for  school 
officers,  one  to  serve  for  one  year,  one  for  two  years,  and  one 
for  three  years,  and  annually  thereafter  two  members  of  the 
board  shall  be  chosen  to  serve  for  three  years,  as  provided  in 
section  thirty-nine  hundred  and  five.     [70  v.  195,  §  21.] 

Sec.  3912.     When  the  electors  of  a  village  desire  to  erect   How  village 

!••  1  i'i<-ii.  ^^y  become 

it  into  a  Village  district,  they  may  proceed  in  the  following  village  dis- 
manner  :     Written  or  printed  notices,  signed  by  not  less  than 
five  electors,  resident  of  the  village,  shall  be  posted,  at  least 
ten  days  prior  to  the  day  designated  therein,  in  at  least  five 


2  2  OHIO    SCHOOL    LAWS. 


Cli.  3.  City  Districts  of  the  Second  Class,  and  Village  Districts. 

of  the  most  public  places  within^  the  village,  requesting  the 
electors  thereof  to  meet  for  the  purpose  of  voting  on  the  ques- 
tion of  establishing  a  village  district,  on  a  day,  and  at  an 
hour  and  a  place,  to  be  designated  in  the  notices;  the  meeting 
shall  be  held  within  the  limits  of  the  village,  between  the 
hours  of  six  o'clock  A.  M.  and  six  o'clock  P.  M.,  and  the  polls 
shall  be  kept  open  at  least  six  hours ;  the  electors,  when 
assembled  in  accordance  with  this  notice,  shall  appoint  a 
chairman  and  two  clerks,  who  shall  be  judges  of  the  election  ; 
the  electors  in  favor  of  the  proposed  village  district  shall  have 
written  or  printed  on  their  ballots  the  words,  ''Village  dis- 
trict, yes,"  and  those  opposed  thereto  the  words,"  Village  district, 
no;"  and  the  votes  cast  shall  determine  the  question  whether 
such  village  district  shall  be  establisbed;  if  a  majority  of  the 
votes  cast  at  such  election  be  opposed  to  the  establishment  of 
such  village  district,  the  question  of  establishing  the  same 
shall  not  again  be  submitted  to  the  electors  of  the  village 
until  the  succeeding  regular  annual  election  for  village  offi- 
cers, and  then  only  upon  notice  being  given  as  above  provided  ; 
and  if  a  majority  of  the  votes  cast  at  such  election  be  in  favor 
of  the  establishment  of  such  district,  the  village  may  be 
organized  as  a  village  district  in  the  manner  provided  in  the 
next  two  sections.  [74  v.  140,  §  4.] 
H.ow.%^iiiagc  gEc.  3913.     Written  or   printed  notices,   signed  by  not 

ganizert.  jggg  ^hati  five  clcctors  residing  within  the  limits  of  the  vil- 

lage, shall  be  posted  in  at  least  five  of  the  most  conspicuous 
places  therein,  requesting  the  electors  of  the  village  to  meet 
for  the  purpose  of  electing  a  board  of  education  for  such  pro- 
posed village  district,  on  a  day,  and  at  an  hour  and  a  place, 
designated  in  the  notices,  which  notices  shall  be  posted  at 
least  ten  days  prior  to  the  day  designated  in  them  for  such 
meeting  ;  the  electors,  when  assembled  in  accordance  with  the 

Sec.  8912.  Under  the  act  of  March  14,  1853,  (51  v.  429),  when  an 
incorporated  village  was  formed  within  or  to  include  a  material  portion  of 
a  sub-district,  no  portion  thereof  is,  by  reason  of  such  incorporation,  with- 
drawn from  the  school  jurisdiction  of  the  township,  but  the  whole  continues 
to  be  a  sub-district  until  the  actual  election  or  appointment  of  a  separate 
school  board,  and  the  portion  of  a  sub-district  not  included  within  the 
limits  of  such  incorporated  village,  is  "territory  annexed  for  school  pur- 
poses" within  the  meaning  of  the  act.     Cist  v.  State,  21  O.  S.,  339.] 


SCHOOL    OFFICERS     GUIDE. 


23 


City  Districts  of  the  Second  Class,  and  Village  Districts. 


Ch.  3. 


notice,  shall  appoint  a  chairman  and  two  clerks,  who  shall  be 
judges  of  the  election,  and  shall  then  choose  by  ballot  six 
competent  and  judicious  persons  to  servre  as  members  of  the 
board  of  education  of  the  proposed  district — two  to  serve  for 
one  year,  two  to  serve  for  two  years,  and  two  to  serve  for  three 
years,  from  the  third  Monday  of  April  next  preceding  the 
organization  of  the  district,  and  until  the  election  and  quali- 
fication of  their  successors  ;  but  if  the  election  be  held  on  the 
day  of  the  annual  election  for  school  oflEicers,  there  shall  be 
elected  two  persons  to  serve  for  one  year,  two  for  two  years, 
and  two  for  three  years,  from  the  thir  !  Monday  of  April  suc- 
ceeding their  election,  and  until  the  election  and  qualification 
of  their  successors.     [71  v.  55,  §  5.] 

Sec.  3914.      If  such  election  be  held  on  the  first  Monday  organization 
of  April,  the  board  elected  thereat  shall  organize  at  the  time 
and  in  the  manner  provided  in  section  thirtyrnine  hundred  and 


Sec.  3913.       "  .     Notice  given  on  the  first  day  of  tlic  iu<»iith  for  such 

election  on  the  tenth,  is  not  sufficient.     See  note  to  section  3909. 

[b).  If  the  time  of  the  giving  of  the  notice  is  not  stated,  it  may  be 
proved. 

(c).  If  an  emergency  should  occur,  making  it  necessary  to  change  the 
place  of  holding  the  election  after  the  regular  notice  has  been  given,  and  if 
such  notice  is  given  as  would  leave  no  excuse  for  not  voting  on  account  of 
the  change,  the  election  would  not  be  invalidated  by  such  change.  78  Illi- 
nois, 171. 

■■  {d).  When  candidates  for  difl'erent  terms  are  running  for  the  office  of 
director,  the  term  each  is  to  serve  should  be  designated  on  the  ballots,  and 
such  designation  can  not  be  disregarded  by  the  judges  of  election.  20  O.  S., 
386. 

(e).  This  decision  means  this:  the  judges  can  count  no  votes  on  vjhich  such 
designation  does  not  appear.  When  the  election  is  that  of  members  for  two  or 
more  different  terms,  the  offiers  are  two  or  more  distinct  offices. 

(/).  Receiving  illegal  or  improper  votes  will  not  alone  vitiate  an 
election.  It  must  be  shown  affirmatively,  in  order  to  overturn  the  declared 
result,  that  the  wrongful  action  changed  it.  Dillon  on  Municipal  Corpora- 
tions, 261. 

(g).  Statutory  provisions  regarding  an  election  are  often  regarded  by 
the  courts  as  directory,  and  if  the  courts  can  determine  what  the  popular 
will  was  in  the  case,  they  are  likely  to  sustain  it.  This  is  more  especially 
true  regarding  the  election  oi  officers.  The  construction  is  more  rigid 
regarding  votes  to  supply  money — to  impose  taxes.  See  notes  to  sections 
3909,  3916,  3981,  etc. 

{h).  As  to  fraudulently  receiving  votes  by  judges  and  fraudulent 
counts  by  them,  see  notes  to  section  3901. 


Time  of  no- 
tice. 


Change    of 
place. 


Designation 
of  term  on 
ballots. 


Illegal  votes. 


Statutes   oftem 
directory. 


24 


OHIO    SCHOOL    LAWS. 


Ch.  4. 


Township  and  Special  Districte. 


eighty]  but  if  the  election  be  held  at  any  other  time,  the 
board  shall  organize  on  the  next  Monday  thereafter,  and  in 
the  same  manner.     [71  v.  55,  §  6.] 


CHAPTER  4. 


TOWNSHIP    AND     SPECIAL    DISTRICTS. 


Section 

3915.  Township  board  of   education- 

how   constituted    and    organ- 
ized. 

3916.  Election  and  qualification  of  di- 

rectors. 

3917.  Notice  and  conduct  of  election. 

3918.  Meeting  of  directors. 

3919.  How  vacancies  in  board  filled. 

3920.  Regular  and  special  meetings  of 

board. 

3921.  Map  of  township  district :  change 

of  sub-districts. 


Sectiox 
3922.    Elections  in  new  sub-districts. 

Board  of  special  district— how  con- 
stituted, and  how  increased. 
Election  of  members. 
Notice  and  conduct  of  election. 

3926.  How  special  districts  abandoned. 

3927.  Members  of  the  board  to  become 
directors  ;  disposition  of  prop- 
erty, etc. 


3923. 


39.'-l. 
.3925. 


TOWNSHIP      DISTRICTS. 


■l"ovvnslii|i 
board;  oi   clu- 
cation— how 
constituted 
and  organ- 
ized. 

Surrender  of 
charter. 


Ownership  of 
property. 


What  (•on.'<ti- 
tutes  a  (juu- 
rum. 


<<ertilicate  of 
membership. 


Section  3915.     The  board  of  education  of  each  township 
district  divided  into  sub-districts  shall  consist  of  the  town- 


Sec.  3914  ia).  A  village  oi  a  city  of  the  h;ecoiul  class  may  surrender 
its  charter  without  its  school  organization  being  affected  thereby.  Revised 
Statutes,  sections  1640  and  164.3. 

(6).  The  property,  real  and  personal,  within  the  village  district  so 
established,  now  belongs  to  said  district,  including  a  pro  rata  share  of  all 
moneys  now  in  the  treasury  of  the  township  district,  and  of  the  levy  or 
levies  already  made. 

(c).  All  proceedings  connected  with  the  organization  of  the  district 
should  be  recorded  by  the  secretary  in  the  records  of  the  district,  so  that  the 
facts  concerning  its  formation  and  organization  may  be  readily  obtained  in 
caife  the  validity  of  the  proceedings  should  ever  be  questioned. 

Sec.  3915  (o).  This  quasi  membership  of  the  clerk  leaves  it  in  doubt 
whether  half  of  the  sub-district  clerks  with  him,  would  constitute  a  quorum  _ 
It  is  presumed  that  a  quorum  of  a  majority  will,  by  its  votes,  be  able  to 
protect  tlie  imblic  interests.  If  the  clerk,  a  non-voter,  and  hence  not  in  the 
full  seu-^t'  a  ineiulier,  can  help  to  make  a  quorum,  this  theory  of  the  law  is 
here  counteracted.  Hon.  E.  E.  White  submitted  the  opinion  that  the  town- 
ship clerk  may  fill  up  a  quorum,  and  his  successors  in  this  office  have  gen- 
erally adopted  this  view. 

(6).  The  certificate  of  an  election  as  clerk  of  a  local  board  of  directors, 
signed  by  the  chairman  and  secretary  of  the  meeting  of  such  directors  con- 
vened for  the  purpose  of  organizing,  is  conclusive  evidence  of  membership 
in  such  township  board.  The  township  board  of  education  can  not  g» 
behind  such  evidence,  except  in  case  of  fraud. 


SCHOOL    officers'    GUIDE.  '25 


Township  and  Special  Districts.  Ch.  4. 

ship  clerk,  and  the  directors  who  have  been  appointed  clerks 
of  the  sub  districts  ;  the  board  of  a  township  district  which  is 
not  divided  into  sub-districts  shall  consist  of  the  township 
clerk,  and  the  directors  of  the  district ;  the  board  of  a  town- 
ship district  which  is  composed  of  not  more  than  two  sub- 
districts  shall  consist  of  the  township  clerk,  and  the  directors 
of  the  two  sub-districts;  and  the  clerk  of  the  township  shall 
be  clerk  of  the  board,  but  shall  not  be  entitled  to  a  vote. 
[70  V.  195,  ^§  26,  29 ;  70  v.  241,  §  44.J 

Sec.  3916.  There  shall  be  elected  bj  ballot,  on  the  second  Election  and 
Monday  of  April,  annually,  in  each  sub  district,  and  in  each  of  directors. 
township  not  divided  into  sub-districts,  by  the  qualified  elec- 
tors thereof,  one  competent  person,  having  the  qualifications 
of  an  elector  therein,  to  be  styled  director,  who  shall  hold  his 
ofiice  for  three  years  from  the  day  of  his  election,  and  until 
his  successor  is  elected  and  qualified;  and  such  director  shall, 
within  five  days  after  his  election,  take  an  oath  or  affirmation 
to  support  the  constitution  of  the  United  States,  and  the  con- 
stitution of  the  State  of  Ohio,  and  to  discharge  the  duties  of 
his  office  faithfully  and  impartially,  which  oath  or  affirmation 
may  be  administered  by  any  director  of  a  sub-district  of  the 
township,  or  by  the  township  clerk.    [75  v.  81,  §  27.] 

Sec.  3917.  The  clerk  of  each  sub-district,  or  if  a  town- 
ship is  not  divided  into  sub-districts,  the  clerk  of  the  town- 
ship, shall  post  written  or  printed  notices  in  three  or  more 
conspicuous  places  in  his  sub-district  or  township,  as  the  case 
may  be,  at  least  six  days  prior  to  the  day  of  election,  desi^nat- 

Sec.  3916  (a).     When  the  legislature  has  fixed  by  law    the  time  for    i^eg^i  time  of 
holding  an  election  of  officers,  an  election  at  any  other  time,  unless  pro-    election, 
vided  foi'  by  law,  is  unauthorized  and  void.      State  v.  Dombaugh,  20  O.  S., 
167. 

(6).     No   person    can   exercise   the  functions  or   perform    the   official    JIust  be  elect- 
duties  of  an  elective  officer  until  he  has  been  both  elected  and  qualified.  fl'ed^.      '^"'^  ^ 

(c).     An  official  trust  can  not  be  delegated ;    see  III  Central  Law  Jour- 
nal, page  472.     Hence  the  practice  sometimes  resorted  to  in  this  State,  of   can  not  be 
calling  on  a  neighbor  to  attend  a  meeting  of  the  local  directors,  and  even  of   delegated. 
a  township  board,  is  manifestly  illegal,  and  the  acts  of  such  boards,  which 
depend  on  the  votes  of  such  substitules,  are  invalid  and  void. 

(d).     A  person  who  is  entitled  to  vote  at  a  township  election,  may  vote    voters  in  sub- 
f«r   a   director  in  the  sub-district   in  which   he  actually  resides,  however    districts. 
recently  his  residence  was  acquired. 

(e).     See  also  notes  under  3913. 


26 


OHIO    SCHOOL    LAWS. 


Ch.  4. 


Towuship  and  Special  Districts. 


Meeting  of 
directors. 


Failure  to  sign 
poll-book  and 
tally-sheet. 


lueUgible  can- 
didate. 


Wrong  initials 
te  name. 


ing  the  day  and  hour  of  opening,  and  the  hour  of  closing  the 
election;  the  election  shall  be  held  at  the  usual  place  of 
holding  school  meetings  in  the  sub-district,  or  township  which 
is  not  divided  into  sub-districts ;  the  meeting  shall  be  organ- 
ized by  appointing  a  chairman  and  a  secretary,  who  shall  act 
as  judges  of  the  election  ;  and  the  secretary  shall  keep  a  poll- 
book  and  tally-sheet,  which  shall  be  signed  by  the  judges, 
and  delivered  within  eight  days  to  the  clerk  of  the  township. 
[77  V.  63.1 

Sec.  3918.  The  directors  of  each  sub-district,  two  of 
whom  shall  constitute  a  quorum,  shall  meet  within  five  days 
after  the  second  Monday  of  April  each  year,  at  such  place  as 
may  be  most  convenient  in  the  sub-district,  and  organize  by 
appointing  one  of  their  number  clerk  of  the  sub-district,  who 


Sec.  3917  (a).  The  officers  of  an  election  board  cannot,  after  dissolv- 
ing the  board  and  dispersing,  return  and  perform  any  official  act  regarding 
such  election.  When  they  have  dispersed,  they  cease  to  be  officers  of  the 
election— are /M?ic«i  officio.     21  O.  S.,  216  ;  14  O.  S.,  315. 

(6).  When  judges  and  clerks  of  election  fail  to  sign  poll  books  and 
tally  sheets,  to  fill  up  blanks  in  the  caption,  or  to  carry  out  the  aggregate 
votes,  such  omissions  and  mistakes  may  be  corrected  upon  the  trial  of  a 
contest,  by  parol  evidence,  and  when  so  corrected,  the  documents,  sustained 
by  the  parol  proof,  are  competent  evidence  of  the  result  of  the  election.  16 
O.  S.,  184. 

(c).  When  poll-books  are  substantially  in  compliance  with  law,  the 
clerk,  and  the  justices  called  to  his  aid,  are  not  authorized  to  reject  the 
same  on  account  of  alleged  fraud.     Phelps  vs,  Schroder,  26  O.  S.,  549. 

(d).  In  case  a  candidate  receiving  the  highest  number  of  votes  at  an 
election  is  ineligible,  the  next  highest  candidate  is  not  elected.  (See  13 
Cal.,  145;  38  Maine,  597;  1  Chandler,  Wis.,  117.)  Another  election  shall 
be  provided  for,  or  an  appointment  be  made  according  to  law. 

(e).  A  person  voted  for  under  the  name  of  E.  H.  Smith,  whose  name  is 
H.  E.  Smith,  there  being  no  such  man  as  E.  IL  Smith,  should  have  the 
votes  counted,  if  the  judges  are  satisfied  that  the  person  H.  E.  Smith  was 
intended.     See  case  of  Gates  v.  Beck  with,  II  W.  L.  M.,  589. 

See,  also,  State  ex  rel.  Jas.  E.  Campbell  v,  Charles  Foster,  Governor,  and 
Charles  Townsend,  Secretary  of  State,  Ohio  Law  .Journal,  Feb.  10,  1883,  iu 
which  the  court  held  : 

"Where  the  Governor  and  Secretary  of  State,  under  section  2886  of  the 
Revised  Statutes,  in  canvassing  the  returns  of  votes  from  a  congressional 
district  aggregate  the  votes  returned  from  one  county  for  H.  L.  Morey,  with 
the  votes  r  -turned  from  other  counties  for  Henry  L.  Morey,  treating  the 
names  as  designating  the  same  person,  a  mandamus  will  not  be  awarded 
requiring  the  votes  thus  aggregated  to  be  counted  as  given  for  difTerent  per- 
sons, in  the  absence  of  an  averment  that  the  votes  were  intended  for  diffW- 
ent  persons." 


SCHOOL    OFFICERS     GUIDE.  27 


Township  and  Special  Districts.  Ch.  4. 

shall  preside  at  the  official  meeting  of  the  directors,  and 
record  their  proceedings  in  a  book  to  be  provided  for  that 
purpose,  together  with  the  minutes  of  the  proceedings  of  the 
annual  school  meetings  held  in  the  sub-district  by  the  elec- 
tors thereof,  which  shall  be  a  public  record;  all  such  pro- 
ceedings, when  so  recorded,  shall  be  signed  by  the  clerk ; 
the  directors  may  meet  as  frequently  as  they  deem  necessary 
for  the  transaction  of  business,  and  may  fill  vacancies  in  the 
office  of  clerk,  or,  if  the  clerk  be  absent,  either  of  the  other 
directors  may  officiate  temporarily  in  his  place ;  but  no  busi- 
ness shall  be  transacted  at  a  meeting  of  which  due  notice  has 
not  been  given  to  each  of  the  directors  of  the  sub-district, 
either  personally  or  by  a  written  notice  left  at  his  residence  • 

or  usual  place  of  business.     [70  v.  195,  §  28.] 

Sec.  3919.     If  the  qualified  electors  of  a  sub-district,  or  of  How  vacan- 
cies in  board 
a   township  not  divided  into  sub-districts,  fail  to  meet  and  flUed. 

elect  a  director  on  the  second  Monday  of  April  in  any  year,  as 

prescribed  in  this  chapter,  or  if  a  vacancy  occur  in  the  board 

of  directors,  any  three  qualified  electors  of  such  sub-district  or 

township  may  call  a  special  meeting  of  the  directors  thereof 

within  ten  days  after  such  failure  to  elect,  or  the  occurrence 

Sec.  3918  (a).     As  the  township  board  is  to  organize  and  do  business  organization 
on  the  third  Monday  of  April,  it  is  quite  necessary  that  the  directors  organ-   '*f  board, 
ize  promptly  after  the  day  of  election.     No  meeting  of  such  directors   is 
legal  unless  every  director  has  had  due  notice  of  it. 

(6).     The  notice  for  each  meeting  must  be  personal,  or  in  writing,  left 
as  directed  in  the  law.     If  the  mail  should  be  resorted  to,  and  it  could  be   Notice  to 
proved  that  each   member  actually  received  notice,  it  might  be  held  sufh-   ™^™  '^^' 
cient.     The  presumptions  are  against  such  procedure,  and  the  burden  of 
proof  would  certainly  be  on  the  party  affirming  such  sufficiency. 

(c).  Though  a  member  may  be  out  of  town,  it  would  appear  that  action 
done  without  leaving  the  notice  as  required,  would  be  illegal  and  invalid- 
16  Maine,  185. 

(d).     In  the  absence  of  the  duly  elected  clerk,  at  any  legal  meeting  of  Clerk  pro 
the  directors,  a  clerk  pro  tern,  may  be  appointed.     Such  appointment  does   ^®°^" 
not  make  him  a  member  of  the  township  board. 

(e).  No  pretended  or  attempted  acts  of  a  board  of  education  or  of  a 
local  board  of  directors,  has  any  legal  validity  whatever,  except  as  they  are  be'tranEacfe'd  ^ 
performed  by  the  board  in  its  organized  capacity,  its  acts  being  duly  recorded  **  meeting, 
on  its  journal.  The  board  is  one  organized  body  and  not  even  an  aggregate 
of  three  or  six  men,  whose  separate  acts  performed  at  different  times  and 
places,  will  constitute  a  legal  act  in  any  sense,  nor  for  any  purpose  requiring 
official  sanction.     22  O.  S.,  144 ;  25  Mich.,  483. 

(/).     As  to  contest  of  elections,  see  notes  to  sections  3906,  3987,  etc. 


28 


OHIO    SCHOOL    LAWS. 


Ch.  4. 


Township  and  Special  Districts. 


Map  of   town- 
ship district ; 
change  of  snb- 
districte. 


of  such  vacancy,  for  the  purpose  of  electing  a  director,  on  first 
giring  five  days'  notice  in  writing  of  the  time  and  place  of 
holding  such  meeting,  by  posting  the  same  in  three  of  the 
most  public  places  in  the  sub-district  or  township;  the 
director  elected  at  such  meeting  shall  hold  his  office  for  the 
unexpired  term  to  be  filled,  and  until  the  election  and  quali- 
fication of  his  successor  ;  and  if  there  be  a  failure  to  hold  such 
general  election,  or  the  special  election  provided  for  in  this 
section,  the  township  clerk  shall  appoint  some  suitable  resi- 
dent of  the  sub-district  to  act  as  director  until  the  next  elec- 
tion, and  until  the  election  and  qualification  of  his  successor. 
[70  V.  195,  §  20.] 

Sec.  3920.  The  board  of  education  shall  hold  regular 
sessions  on  the  third  Monday  of  April  and  the  last  Monday  of 
August  in  each  year,  at  the  usual  places  of  holding  township 
elections,  or  at  such  place  in  the  immediate  vicinity  thereof 
as  may  be  convenient,  for  the  transaction  of  business,  and 
may  adjourn  from  time  to  time,  or  hold  special  meetings  at 
any  other  time  or  place  within  the  township,  as  it  deems 
desirable,  for  the  transaction  of  business;  which  special 
meeting  may  be  called  by  the  township  clerk,  by  the  presi- 
dent of  the  board,  or  by  two  or  more  members  of  the  board, 
but  each  member  of  the  board  must  be  duly  notified  thereof 
personally,  or  by  written  notice  left  at  his  residence  or  usual 
place  of  business.     70  v.  195,  §  31 ;  86  v.  346.] 

Sec."  3921.  A  map  of  each  township  district  shall  be 
prepared  by  the  board,  as  often  as  it  may  deem  necessary,  in 
which  shall]be  designated  the'numbers  and  boundaries  of  the 
sub-districts  thereof;  the  board  may  at  any  regular  session, 
increase  or  diminish  the  number,  or  change  the  boundaries  of 
sub-districts;   but   no  sub-district    shall   contain  less   than 


Computation 
of  time. 


General  re- 
4|uirements  as 
to  notice,  et«. 


Sec.  3919  (a).  When  the  time  is  calculated  from  an  act  done,  thp 
whole  day  on  which  the  act  is  done  is  included;  but  if  the  calculation  be 
from  the  day  itself,  then  the  day  is  excluded. 

(6).     As  to  what  a  notice  must  contain,  see  notes  to  section  3991. 

(c).  The  term  election  implies  a  choice  of  a  qualified  person  to  an  office 
by  an  electoral  body,  at  the  time,  and  substantially  in  the  manner,  and  with 
the  safeguards  provided  by  law,  to  prevent  surprise  upon  the  electoral  body- 
15  O.  S.,  534. 

Sec.  3920.  The  adjourned  meetings  of  a  regular  session  are  regular 
meetings. 


SCHOOL    officers'    GUIDE.  29 


Township  and  Special  Districts.      '  Oh.  4. 


Electioa  in 


sixty  resident  scholars  by  enumeration,  except  in  cases  where, 
in  the  opinion  of  the  board,  it  is  necessary  to  reduce  the 
number ;  and  any  sub-district  which  may  be  established  by 
act  of  the  general  assembly  shall  be  governed  by  the  pro- 
visions of  this  title,  except  that  it  cannot  be  changed  or  con- 
solidated by  "the  board  within  three  years  after  its  formation, 
unless  the  written  consent  of  two-thirds  of  the  electors  resid- 
ing in  the  territory  affected  by  such  change  is  obtained.  [75 
V.  120,  §  32.J 

Sec.  3922.  When  the  board  consolidates  two  or  more 
sub  districts  into  a  new  sub-district,  or  establishes  a  new  tS^"'''*^^" 
sub-district  in  any  other  way,  it  shall  call  a  special  meeting 
of  the  qualified  electors  resident  in  the  new  sub-district,  for 
the  purpose  of  electing  directors  for  the  same ;  at  least  five 
days  before  the  time  fix^d  for  the  meeting  the  board  thall 
post,  in  three  of  the  most  public  places  in  the  new  sub- 
district,  written  or  printed  notices,  stating  time,  place, 
and  object  of  holding  the  meeting  ;  the  election  shall  be  con- 
ducted as  provided  in  this  chapter,  and  three  directors  shall 
be  elected,  one  to  serve  for  one  year,  one  for  two  yeare,  and 
one  for  three  years  from  the  annual  meeting  next  preceding 
the  organization  of  the  new  sub-district ;  and  the  terms  of 
office  of  the  directors  of  sub-districts  so  consolidated  shall  ex- 
pire at  the  time  such  new  sub-district  is  created.  [75  v.  120,  • 
§  32.J 


Sec.  3921.     The  term  ''sub-district,"  as  used  in  section   1  of  this  sup- 
plementary act  of  April  9,  1867  (64  v.  117),  does  not  include  the  subordinate    exist  only  in 
territorial  divisions  of  separate  school  districts  into  which  a  city  or  village    tri^ts^       '^^' 
may  be  sub-divided,  but  applies  exclusively  to  township  or  county  sub- 
districts.     [Anders  v.  Spargur,  19  O.  S.,  577.] 

Sec.  3922  (a).  The  attaching  of  a  territory  composing  a  sub-district  to  Effect  of  at- 
adjacent  sub-districts  by  a  township  board  of  education,  under  section  32  ol  tory^°^  teiii- 
the  act  of  May  1,  1873  (70  v.  203),  is  not  a  consolidation  of  two  or  more  sub- 
districts  into  a  new  sub-district,  within  the  meaning  of  said  section,  but  is  a 
change  or  alteration  of  the  boundaries  of  the  sub-districts  ;  and  the  offices  of 
local  directors  in  the  sub-district  to  which  such  territory  is  attached  are  not 
thereby  vacated.     [State  v.  Gibbs,  25  O.  S.,  256.] 

(6).  In  case  of  consolidation  of  sub-districts,  members  of  local  boards 
continue  to  serve  and  the  clerks  remain  in  the  township  board,  until  the 
actual  election  and  qualification  of  the  new  board.     21  O.  S.,  339. 


30 


OHIO    SHOOL    LAWS. 


Ch.  4. 


Township  and  Special  Districts. 


SPECIAL     DISTRICTS. 


Board  of  spe- 
cial district- 
how  consti- 
tuted, and 
how  increa>^( 


Election  of 
memhers. 


Notice  and 
conduct  of 
election. 


Sec.  3923.  The  board  of  education  of  each  special  dis- 
trict shall  consist  of  three  members,  who  shall  be  residents  of 
the  district,  and  have  the  qualifications  of  an  elector  therein  ; 
and  when  the  electors  of  any  special  district,  the  board  of 
education  of  which  consists  of  three  members,  desire  that  the 
board  shall  consist  of  six  members,  they  may  make  such 
change  in  the  same  manner  as  provided  for  city  districts  of 
the  second  class  and  village  districts,  in  section  thirty-nine 
hundred  and  eleven.     [70  v.  195,  §  22.] 

Sec.  3924.  There  shall  be  elected  annually,  by  ballot,  on 
the  second  Mondaj'^  of  April,  in  each  special  district,  by  the 
qualified  electors  thereof,  at  the  usual  time  and  place  of  hold- 
ing school  elections  in  such  district,  one  judicious  and  com- 
petent person  to  serve  as  member  of  the  board  for  three  years 
from  the  first  Monday  succeeding  his  election,  and  until  the 
election  and  qualification  of  his  successor ;  but  in  special 
districts  hereafter  established,  the  first  election  for  members 
of  the  board  shall  be  held  within  twenty  days  after  such 
establishment,  at  least  five  days'  previous  notice  of  which, 
stating  the  time  and  place  of  meeting,  and  signed  by  at  least 
three  electors  of  the  district,  shall  be  posted  in  three  of  the 
most  conspicuous  places  in  the  district ;  at  such  meeting  a 
chairman  and  clerk  shall  be  chosen,  and  there  shall  be  elected 
three  members  of  the  board,  one  to  serve  until  the  third 
Monday  of  April  next  succeeding  his  election,  and  one  to 
serve  for  one  year,  and  one  for  two  years  from  said  third  Mon- 
day, and  each  to  serve  until  the  election  and  qualification  of 
his- successor.     [71  v.  57,  §  23;  75  v.  120,  §  19.] 

Sec  3925.  The  clerk  of  the  district  shall  post  written  or 
printed  notices,  in  three  or  more  conspicuous  places  in  the 
district,  at  least  six  days  prior  to  the  day  of  election,  desig- 
nating the  day  and  the  hour  of  opening  and  closing  the  elec- 
tion ;  and  the  election  shall  proceed,  and  a  return  thereof  be 
made,  in  the  manner  provided  for  elections  in  village  dis- 
tricts, and  shall  continue  at  least  two  hours.     [71  v.  57,  §  24.] 


Sec.  3924.     If  not  held  on  the  day  fixed  by  law,  see  note  on  sec.  391H. 
Sec.  3925.     Notice  on  the  first  for  an  election  on  the  sixth,  is  not  sufii- 
cient.     See  note  on  sec.  3909. 


SCHOOL    OFFICERS     GUIDE.  3 1 


Township  and  Special  Districts.  Ch.  4. 


Sec.  3926.  When  the  electors  of  a  special  district  desire  ^^ZiiT^Jbrny- 
to  abandon  their  organization,  and  become  a  part  of  the  '^'^"^'f'- 
township  district  of  the  township  in  which  such  special  dis. 
trict  is  located,  they  make  the  change  in  the  following  man- 
ner :  Written  or  printed  notices  shall  be  posted  in  at  least 
five  of  the  most  public  places  in  the  district,  signed  by  a 
majority  of  the  members  of  the  board  of  education,  or  one  of  the 
board  and  at  least  six  resident  electors  of  the  district,  request- 
ing the  qualified  electors  thereof  to  assemble  on  a  day,  and  at 
an  hour  and  a  place,  designated  in  the  notices,  which  notices 
shall  be  posted  at  least  ten  days  prior  to  the  day  designated 
in  them,  then  and  there  to  vote  for  or  against  such  change  . 
the  electors,  when  assembled  at  the  time  and  place  desig- 
nated in  the  notices,  shall  appoint  a  chairman  and  two 
clerks,  who  shall  be  judges  of  the  election,  which  shall  con- 
tinue at  least  two  hours;  those  in  favor  of  the  proposed 
change  shall  have  written  or  printed  on  their  ballots  the 
words  "School — change,"  and  those  opposed  thereto  the  words 
"School — no  change,"  and  a  majority  of  the  ballots  cast  shall 
determine  the  question  whether  the  change  shall  be  made ; 
the  judges  shall  within  five  days  after  the  election,  make  due 
return  thereof  to  the  board  of  education  of  the  district ;  and  if 
a  majority  of  the  votes  cast  are  in  favor  of  the  change,  the 
board  shall  immediately  certify  that  fact  to  the  township 
board,  which  shall  thereupon  assume  jurisdiction  of  the  terri- 
tory, property,  and  afiairs  |of  the  special  district,  and  there- 
after^treat  such  district  as  a  sub-district  of  the  township  dis- 
trict.    [72  V.  27,' §  25.] 

Sec.  3927.     The  members  of  the  board  of  education   of 
the  special  district  shall  be  directors  of  the  sub-districts  so  theboard'to 
created,  for  the  remainder  of  the  terms  for  which  they  were  torsTdisposi- 
elected  respectively;  the  clerk  of  the  special  district  board  erty.etc^'^"^' 
shall  deliver  to  the  clerk  of  the  township  board  all  the  books 
and  papers  of  the  special  district  in  his  custody,  and  notify 
the  county  auditor,  in  writing,  of  the  abandonment  of  the 
organization  of  the  district ;  the  treasurer  of  the  special  dis- 
trict board  shall  deliver  to  the  treasurer  of  the  township 


Sec.  3926.  The  general  rule  in  computation  of  time  within  which  an 
act  is  to  be  done  is  to  exclude  the  first  day  and  include  the  last.  [Am.  Law 
Begister,  N.  S.  X  .36;  16  O.  S.,  208,  209.] 


OHIO    SCHOOL    LAWS. 


Ch.  5. 


Joint  Sub-districts. 


board  all  the  books,  papers,  and  money  of  the  special  district 
in  his  possession;  the  township  board  shall  complete  all 
unfinished  business  pertaining  to  the  special  district;  any 
debt  contracted  by  the  special  district  board  shall  be  paid  out 
of  the  money  transferred  to  the  treasurer  of  the  towjiship 
board,  as  herein  provided,  and  money  arising  from  taxes 
levied  by  the  special  district  board  ;  and  if  such  funds  are  in- 
sufficient therefor,  the  remainder  shall  be  paid  by  a  special 
tax  upon  the  property  of  the  sub  district  so  created.  [72  v. 
27,§2\] 


CHAPTER 


JOINT     SUB-DISTRICTS. 


Section 
3928.    Township    boards  may  establish 
by  mutual  agreement. 

How    the   school   governed   and 
supported. 

Further  provisions  for  establish- 
ment. 

May  be  established  on  petition. 

What  petition  to  contain. 

Clerks  to  give  notice  of  tiling,  etc. 

When  petition  may  be  filed  with 
probate  judge. 

Security  for  costs  to  be  given. 

Time   and  place   of   meeting   of 
commissioners. 

Publication  of  notice. 

Commissioners  to  be  appointed. 

Oath  and  duties  of  commission- 
ers. 


3929. 

3930. 

3931. 
3932. 
3933. 
3934. 

3935. 
3936. 

3937. 
3938. 
3939. 


Section 

3940.  Clerks  to  have  present  plats  and 

papers. 

3941.  The  report  of  the  commissioners. 
3941a.    When    local   board    may    desig- 
nate site  for  school-house. 

The  effect  of  the  report. 

Judgment  for  costs;  what  fees  al- 
lowed. 

Report  and  judgment  for  sub- 
district. 

3945.  How  costs  paid  in  such  cases. 

3946.  Petition  for  other  purposes. 
Proceedings  thereon. 
When  such  petition  may  be  filed 

with  probate  judge. 
Election,  duties,  etc.,  of  directors. 
Power  to  change  joint  sub-districts 

limited.  . 


3942. 
3943. 


3944. 


3947. 
3948. 


3949. 
3950. 


Section    3928.     When    the     better    accommodation    of 
boards  may       scholars  makes  it  desirable  to  form  a  sub-district,  composed  of 

establish  bv  .  i        i  j         /•      j  •  r 

mutual  agree-  Tjarts  of  two  or  morc  towuships,  the  boards  of  education  oi 

mcnt.  -^ 

the  townships  interested  may,  by  mutual  agreement,  at  a 
joint  meeting  held  for  the  purpose,  establish  the  same,  and 
fix  the  boundaries  thereof;  if  there  is  no  suitable  school- 
house  within  such  boundaries,  or  if  there  is  one,  but  it  is  not 


Mutual  con- 
sent. 


Teacher,  where 
examined. 


Section  3928  (a).  [Mutual  agreement  implies  consent  of  each  board 
interested  ;  that  is,  it  requires  a  majority  of  a  quorum  of  each  board  to  form 
a  joint  sub-district. 

i^b).  Joint  sub-districts  can  be  established  only  by  a  transfer  of  terri- 
tory. The  teacher  thereof  must  hold  a  certificate  from  the  board  of  exami- 
ners of  the  county  in  which  the  school-house  is  situated.] 

{c).  These  proceedings  should  be  carefully  recorded.  See  note  (c)  to 
section  3914. 


SCHOOL   OFFICERS     GUIDE  33 


Joint  Sub-districts.  Ch.  5. 


suitably  located,  the  board  shall  designate  a  site  whereon  to 
erect  such  building ;  but  if  there  is  a  suitable  school-house 
within  such  boundaries,  properly  located,  the  school  shall  be 
held  therein ;  a  chairman  and  secretary  shall  be  chosen  at 
such  meeting,  and  the  secretary  shall  make  a  memorandum 
of  the  proceedings  had  thereat;  a  copy  of  such  memorandum, 
signed  by  the  chairman  and  secretary,  shall  be  transmitted 
to  the  clerk  of  each  of  the  boards,  who  shall  record  the  same 
in  his  record  of  proceedings  of  the  board;  and  the  secretary 
shall  transmit  a  like  copy  of  the  proceedings  to  the  auditor 
of  each  county  having  territory  embraced  in  the  sub-district. 
[70  V.  195,  §  34] 

Sec.  3929.  The  school  in  a  joint  sub-district  shall  be  how  the 
under  the  control  of  the  board  of  education  in  the  township  emed  and 
in  whic;h  the  school  house  is  situate,  of  which  board  the 
director  who  is  clerk  of  the  joint  sub-district  shall  be  a  mem- 
ber ;  but  such  school  shall  be  supported  from  the  school  funds 
of  the  townships  having  territory  in  the  joint  sub-district,  in 
proportion  to  the  enumeration  of  youth,  as  provided  in  sec- 
tions thirty-nine  hundred  and  sixty-one  and  thirty-nine  hundred  avid 
sixty-two.    [75  v.  84,  §  35.] 

Sec.  3930.    Joint  sub  districts  may  be  established  also  in  Further  pro- 

.  -^  visions  for  es- 

the  manner  provided  in  succeeding  sections  of  this  chapter.       tabiishment. 
Sec.  3931.     Three  or  more  qualified  electors,  resident  of  Maybeestah- 

^  lished  on  pe- 

the  territory  sought  to  be  included  therein,  may  apply,  in  tition. 
writing,  to  the  board  of  education  of  any  township  wherein 
any  part  of  the  territory  is  situate,  for  the  creation  thereof. 
[75  V.  120,  §  1.] 

Sec.    3932.      The   petition  shall   describe   the  territory  what  petition 

•^     to  contain. 

sought  to  be  included  in  the  joint  sub-district,  may  set  forth 
the  reasons  requiring  the  creation  thereof,  and  shall  be  filed 
with  the  clerk  of  the  board  cf  education  to  which  it  is 
addressed.     [75  v.  120,  §  2.] 

Sec.  3933.     Upon  the  filing  of  such  petition,  such  clerk 

.  ^  r.  Clerks  to  ^ive 

shall  forthwith  give  notice  thereof,  in  writing,  to  the  mem-  notice  of  fii- 

ing,  etc. 

Sec.  3929  (a).  "Shall  be  a  member,"  let  him  live  in  which  township 
he  may. 

(b).  No  money  will  be  contributed  from  a  township  which  has  no 
youth  enumerated  within  the  joint  sub-district. 

3 


34 


OHIO    SCHOOL    LAWS. 


Ch.  5. 


Joint   Sub-districts. 


When  petition 
for  joint  sub- 
district  may 
))e  iiled  with 
probate  judge. 


Security  for 
costs  to  be 
giren. 


Time  and 
place  of  meet- 
ing of  commi»- 
ttioners. 


Publication  of 
notice. 


bers  of  the  board  of  which  he  is  clerk,  which  notices  shall 
name  a  suitable  and  convenient  place,  and  a  day  and  hour,  for 
the  boards  to  meet;  he  shall  also  transmit  a  like  notice,  forth, 
with,  to  the  clerks  of  all  other  boards  of  education  having 
jurisdiction  over  any  of  the  territory  sought  to  be  aflected; 
and  such  clerks,  upon  the  receipt  of  such  notice,  shall  in  like 
manner  give  notice  forthwith  of  the  filing  of  such  petition, 
and  of  the  time  and  place  of  meeting,  to  each  member  o'  their 
respective  boards.     [75  v.  120,  §  3.] 

Sec.  3934.  It  shall  be  the  duty  of  such  boards  .to  meet 
and  consider  the  petition  within  thirty  days  from  the  time 
the  same  is  filed,  but  if  they  do  not  do  so  within  sixty  days 
from  such  time,  or  having  met,  established,  or  determined  not 
to  establish  a  joint  sub-district,  three  or  more  electors  of  the 
territory  sought  to  be  included  therein  may  file  a  petition  or 
remonstrance,  for  or  against  the  same,  with  the  probate  judge 
of  the  county  ;  and  if  the  territory  sought  to  be  included  there- 
in is  situated  in  two  or  more  counties,  the  petition  may  be  filed 
with  the  probate  judge  of  either  county.  [75  v.  120,  §  4; 
78  v.  8.] 

Sec.  3935.  The  petitioners  shall  also  file  with  the  pro- 
bate judge  the  undertaking  of  one  or  more  of  their  number, 
with  security  to  the  satisfaction  of  the  judge,  in  the  sum  of 
one  hundred  dollars,  conditioned  that  the  petitioners  will  pay 
all  the  cost  of  a  proceeding  if  a  joint  sub  district  be  not  estab- 
lished thereby.     [75  v.  120,  §  5.] 

Sec.  3936.  Upon  the  filing  of  such  petiticn  and  under- 
taking, the  judge  shall  fix  a  time,  not  more  than  sixty  days 
thereafter,  and  a  place,  which  shall  be  the  school-house  upon 
the  territory,  if  there  is  one  thereon,  and  if  there  is  more  than 
one  school-house  thereon,  then  the  house  last  built,  and  if 
there  is  no  school-house  thereon,  then  some  convenient  place 
within  the  territory,  for  the  meeting  of  the  commissioners 
hereinafter  directed  to  be  appointed.     [75  v.  120,  §  6.] 

Sec.  3937.  The  judge  shall  thereupon  cause  to  be  pub- 
lished, for  four  consecutive  weeks,  in  two  newspapers  of  oppo- 
site politics,  printedand  of  general  circulation  iji  the  county 
where  the  petition  is  filed,  notice  of  the  filing  of  ruch  petition, 
and  of  the  time  and  place  of  meeting  of  the  commissioners. 
[75  V.  120,  §  7.] 


SCHOOL   OFFICERS     GUIDE. 


35 


Joint  Sub-districts. 


Ch.  5. 


Sec.  3938.  The  judge  shall  also  make  an  order  appoint- 
ing three  judicious,  disinterested  men  of  the  county,  and  not 
residents  of  either  of  the  townships  to  be  affected,  to  be  com- 
missioners, and  to  act  in  the  premises;  if  a  person  so  appointed 
die,  or  fail  from  any  cause  to  be  present  and  to  act,  or  if  he 
give  notice  of  his  inability  to  serve,  the  judge  shall  forthwith, 
by  order,  appoint  another  in  his  stead,  who  may  act  as  if  he 
had  been  originally  appointed  ;  and  the  judge  shall  deliver  a 
copy  of  the  petition  and  his  order  to  the  commissioners,  and 
shall  instruct  them  in  the  law  applicable  to  such  proceed- 
ings.    [75  v.  120,  §  8.] 

Sec.  3939.  The  commissioners  shall  take  an  oath  to  dis- 
charge faithfully  the  duties  r-  quired  by  this  chapter,  accord- 
ing to  the  best  of  their  knowledge  and  understanding,  ard 
shall  meet  at  the  time  and  place  named  in  the  published  nq.- 
tice,  may  examine  witnesses  under  oath,  which  may  be 
administered  by  one  of  their  own  number,  and  consider  and 
determine  the  question  whether  a  joint  sub-district  ought  to 
be  established.     [75  v.  120,  §  9.] 

Sec.  3940.  The  clerk  of  the  several  boards  of  education 
interested  shall  be  present  at  the  meeting  of  the  commission- 
ers, and  have  with  them  the  plats  of  the  several  townships, 
with  the  lines  of  the  several  sub-districts  marked  thereon, 
and  such  other  papers  and  documents  as  will  serve  to  inform 
the  commissioners,  and  give  them  a  correct  idea  of  the  wants 
of  the  petitionsrs.     [75  v.  120,  §  lO.J 

Sec.  3941.  The  commissioners  shall  report,  in  writing, 
to  the  probate  judge: 

1.  Whether  or  not  a  joint  sub-district  ought  to  be  estab- 
lished, and  their  reasons  therefor. 

2.  If  they  find  in  favor  of  the  establishment  of  a  joint 
sub  district,  they  shall  give  the  lines  and  a  plat  thereof; 
they  may  also  change  the  lines  of  the  sub-district  proposed  in 
the  petition,  by  including  therein  other  territory,  or  exclud- 
ing territory  included  therein,  or  both;  and  if  there  is  no 


Commission, 
ers  to  be  ap- . 
pointed. 


Oath  and  du- 
ties of  com- 
missioners. 


Clerks  to  liave 
present  plats 
and  papers. 


The  report  of 
the  commis- 
sioners. 


Sec.  3934.     The  petition  is  first  to  go  to  the  board  of  education  and  ^  ..  . 
,     .                 £    1          1    .         ,                             ,  Petition  must 
only  in  case  oi  there  being  three  persons  who  are  to  be  affected  by  the  neg-  he  first  pre- 
lect of  the  board  to  act,  or  by  their  establishment  of,  or  determination  not  hoard^  ^°  ^^^' 
to  establish  such  joint  sub-district,  can  the  petition  or  remonstrance  go  to 
the  probate  judge. 


36  OHIO   SCHOOL    LAWS. 


Ch.  5.  Joint  Sub-districts. 


suitable  school-house  within  such  boundaries,  or,  if  there  is 
one,  but  it  is  not  suitably  located,  they  shall  designate  a  site 
whereon  to  erect  such  building.     [75  v.  120,  §  11.] 

t%Str'^  Sec.  H941  a.     Where,  in  any  joint  sub-district  heretofore 

house!^  ^*^^°^^  established  by  proceedings  in  the  probate  court,  there  is  no 
suitable  school-house,  and  no  site  has  been  designated  where- 
on to  erect  such  building,  the  local  directors,  or  a  majority  of 
them,  of  such  joint  sub-district,  are  hereby  authorized 
and  required  to  designate  a  site  for  such  school-house,  and 
report  the  same  to  the  clerks  ol  the  boards  of  education  of  the 
several  townships  having  territory  in  such  joint  sub-district. 
And  the  board  of  education  of  the  township  in  which  such 

wiuonto  es-"     school-housc  site  is  located,  shall,  at  its  next  meeting  there- 

ima  e.  after,  at  which  it  may  make  the  annual  estimates  and  levies 

for  school  purposes,  make  the  necessary  estimate  to  purchase 

such  school-house  site,  and  to  erect  and  furnish  a  suitable 

school-house  thereon,  according  to  the  provisions  of  section 

Proceedings  if  thirly-iiine  hundred  and  sixly-one.  And  if  such  board  of  educa- 
tion fail  to  make  and  report  such  estimate,  to  the  county 
auditor  before  the  first  Monday  of  June  next  thereafter,  the 
county  commissioners  of  such  county  shall,  at  the  request  of  a 
majority  of  the  local  directors  of  such  joint  sub-district,  make 
such  estimate  and  levy  and  report  at  the  same  time  to  the 
county  auditor.  And  such  levy  shall  be  made  and  the  money 
collected  in  like  manner  as  the  funds  are  levied  and  collected 
for  ot>er  joint  sub-districts.     [80  v.  62.] 

The  effect  of  gj^c.  3942,     The  report  of  the  commissioners,  if  against 

the  report.  '^  ° 

the  establishment  of  a  joint  sub-district,  shall  be  a  bar  to  any 
proceeding  to  e  tablish  a  joint  sub-district  out  of  any  of  the 
territory  described  in  the  petition  for  three  years ;  and  if  the 
report  be  in  favor  of  the  establishment  of  a  joint  sub-district, 

Sec.  3942.  There  is  little  reason  to  suppose  that  the  word  "final"  in 
intended  to  mean  any  more  than  it  would  mean,  in  case  the  boards  of  edu- 
cation had  themselves  proceeded  to  complete  the  formation  of  a  joint  sub- 
district.  It  becomes,  by  this  act  of  the  commissioners,  an  established  joint 
Dissolution  of  sub-district,  ready  for  the  completion  of  its  organization  by  the  election  of 
d^trict!^*  ^^^  directors  and  the  erection  of  a  school-house  en  the  site  designated  by  the 
commissioners.  In  case  the  legislature  had  established  the  district,  a  board 
could  not,  of  course,  repeal  its  act.  If  the  boards  had  formed  it,  they  could 
dissolve  it.  It  is,  no  doubt,  in  the  same  condition  it  would  be  in  had  the 
boards  formed  it. 


SCHOOL    OFFICERS     GUIDE.  37 


Classification  and  Change  of  Districts.  Ch.  1. 

it  shall  be  final,   unless  set  aside  by  the  probate  court  for 
fraud.    [75  v.  120,  §  12.] 

Sec.  3943.  If  the  report  be  against  the  establishment  of  S^'vvSa't*'" 
a  joint  sub  district,  the  judge  shall  render  judgment  against  ^^^^  allowed. 
the  petitioners  for  all  the  cost  of  the  proceeding ;  and  the 
commissioners  and  the  judge  shall  receive  the  same  fees  as 
are  authorized  to  be  charged  for  like  services  in  proceedings  to 
establish  roads,  and  such  other  fees  as  are  authorized  by  law. 
[75  V.  120,  §  13.] 

See.  3944.  If  the  report  be  in  favor  of  the  establishment  ^fg^enrfof 
of  a  joint  sub-district,  the  judge  shall  make  an  entry  con-  sub-district. 
firming  the  same;  and  a  certified  copy  of  the  report,  includ- 
ing the  plat  and  his  order,  shall  be  delivered  to  the  clerk  of 
the  board  of  education  of  each  township  interested  therein, 
and  thereafter  such  joint  sub-district  shall  be  fully  estab- 
lished, and  it  shall  be  governed  and  controlled  in  the  same 
manner  as  joint  sub-districts  otherwise  established.  [75  v. 
120,  §  14.] 

Sec.  3945.  In  such  case  the  judge  shall  tax  the  costs  of 
the  proceedings  to  the  board  of  education  of  the  several  in  such  case. 
townships  interested,  in  such  proportion  as  he  may  deem 
just  and  equitable,  and  certify  the  same  to  the  clerks  of  such 
boards;  and  the  ^boards  shall  be  liable  therefor,  and  at  the 
first  regular  or  special  meeting  of  each  thereafter  payment  of 
the  amount  so  taxed  to  it  shall  be  ordered.     [75  v.  120,  §  15.]  petition  for 

Sec.  3916.     A  petition   may,    in  like  manner,    be   filed  «^<^i^  Purposes, 
with  the  clerk  of  the  board  of  education  of  any  town.«hip,    ' 
praying  for  the  creation  of  an  additional  sub-district,  or  for 
changing  the  lines  of  sub-districts,  or  for  the  creation  of  a 

Sec.  3945.     Concerning  tlie  record  of  these  proceedings  see  note  (c)  to 
section  3914. 

Sec.  3946  (a).  The  petition  is  not  applicable  to  a  case  in  which  it  is 
sought  to  change  the  boundaries  between  two  special  or  two  village  or  city 
districts,  or  between  a  special  and  a  village  or  city  district.  It  pertains  cable  whenf 
only  to  cases  in  which  the  boundaries  of  a  sub-district  are  in  some  way  to 
be  affected,  as  only  in  such  cases  has  the  township  board  jurisdiction.  But» 
according  to  section  3893,  the  boards  of  education  having  the  management 
of  such  special,  village,  or  city  districts  may  transfer  their  territory  from 
one  to  the  other.  Ham.  Co.  Com.  Pleas,  Boards  of  Ed'n  Sycamore  Tp.  v. 
Henry  C.  Bowen  ei  al. 

{b).    As  to  what  matters  public  notices  must  contain,  see  notes  to  sec- 
tion 3991. 


38 


OHIO    SCHOOL    LAWS. 


Ch.  5. 


Joint   Sub.istricts. 


Proceedings 
thereon. 


When  such 
petition  may 
be  filed  with 
probate  judge. 


Election,  du- 
ties, etc.,  of 
directors. 


special  school  district,  or  for  changing  the  lines  of  special 
or  village  districts,  and  adjoining  sub-districts;  but  when  a 
special  or  village  district  is  interested  in  such  proposed 
change,  the  petition  may  be  filed  either  with  the  clerk  of  the 
township  board,  or  the  clerk  of  the  board  of  education  of  suc'i 
special  or  village  district ;  ar.d  when  any  such  lines  have 
been  so  changed,  they  shall  not  be  altered  by  any  board  or 
boards  of  education  until  after  the  expiration  of  three  years, 
except  upon  the  written  consent  of  two  thirds  of  the  electors 
residing  within  the  territory  affected  by  the  change. '  [75  v. 
120,  §  16.] 

Sec.  3947.  Such  petition  may  be  filed  with  the  clerk  of 
the  board  of  education  of  such  special  or  village  district,  with 
the  clerk  of  the  board  of  education  of  the  township,  or,  if  the 
changes  sought  by  the  petition  affect  territory  in  more  than 
one  township,  with  the  clerk  of  th^  board  of  education  of 
either  township;  and,  upon  the  filing  thereof,  the  members  of 
the  board  or  boards  interested  shall  be  notified,  as  provided 
in  section  thirty-nine  hundred  and  thirty  three.     [75  v.  120,  §  17.] 

Tec.  3948.  It  shall  be  the  duty  of  such  board  or  boards 
to  meet  and  consider  the  petition  within  thirty  days  from 
the  time  the  same  is  filed,  but  on  failure  to  do  so  within  sixty 
days  of  such  time,  or  if  the  board  or  boards  meet  and  grant,  or 
refuse  to  grant,  the  prayer  of  the  petition,  a  petition  or  a 
remonstrance  may  be  filed  with  the  probate  judge  of  the 
county,  by  either  party,  as  provided  in  QeQlion  thirty-nine  hun- 
dred and  thirty  four]  and,  thereafter,  such  proceedings  may  be 
had  thereon,  and  they  shall  have  the  same  effect  as  is  herein 
provided  for  the  formation  of  joint  sub  districts.  [75  v.  120, 
§18;  78  V.  9.] 

Sec.  3949.  Directors  of  joint  sub-districts  shall  be  elect- 
ed at  the  same  time,  in  the  same  manner,  and  for  the  same 
term,  as  directors  of  other  sub-districts,  and  shall  organize  at 
the  same  time,  and  in  the  same  manner,  have  the  same 
powers,  perform  like  duties,  and  be  subject  to  the  same  pen- 
alties; but  in  such  sub-districts  hereafter  established,  the 
first  election  shall  be  held  within  twenty  days  after  such 
establishment,  at  least  five  days'  previous  notice  of  which, 
stating  the  time  and  pltce  of  meeting,  and  signed  by  at  least 
three  electors  of  the  sub-district,  shall  be  posted  in  three  of 


SCHOOL    OFFICERS     GUIDE. 


Joint  Sub-districts.  Ch.  5. 


the  most  public  places  in  the  sub-district ;  and  at  such  meet- 
ing a  chairman  and  clerk  shall  he  chosen,  and  there  shall  be 
elected  three  directors,  one  to  serve  until  the  third  Monday  of 
April  next  succeeding  his  election,  and  one  to  serve  for  one 
year  and  one  for  two  years  from  said  third  Monday,  and  until 
the  election  and  qualification  of  their  successors.  [70  v.  195,  § 
31 ;  75  V.  12a  §  19.  j 

Sec.  3950  No  joint  sub-district  which  is  now  organized,  Power  to 
or  may  hereafter  be  organized,  shall  be  dissolved,  changed  or  sub-districts. 
altered,  unless  by  the  concurrent  action  of  the  boards  of  edu- 
cation of  the  several  townships  having  territory  included 
therein;  provided,  however,  that  when  any  board  of  educa- 
tion, in  a  joint  sub-district  desires  to  dissolve,  change  or 
alter  the  same,  the  board  of  education  desiring  such  dissolu- 
tion, change  or  alteration,  shall  notify,  in  writing,  tlie  boards 
of  education  interested,  of  the  time  when  they  will  meet  to 
consider  the  proposed  dissolution,  change  or  alteration.  The 
place  of  meeting  shall  be  the  school-house  in  such  joint  sub- 
district;  but  if  there  be  none,  then  at  some  convenient  place 
in  the  vicinity  of  such  joint  sub-district.  If  the  joint  boards 
fail  to  meet,  or  having  met,  cannot  agree  upon  a  dissolution, 
change  or  alteration,  as  the  case  may  be,  then  the  board  cf 
education  desiring  such  dissolution,  change  or  alteration, 
may  appeal  to  the  probate  court  of  the  proper  county, 
and  the  same  proceedings  shall  be  had  as  in  case 
of  appeals  in  the  formation  of  joint  sub-districts,  so  far 
as  applicable,  as  provided  in  sections  3935,  3936,  3937,  3938, 

ProcGCdiiiffs  to 

3939,  3940  and  3941 ;  and  any  joint  sub-district  established  by  eflfect  change, 
proceedings  in  the  probate  court  may  be  dissolved,  changed  or 
altered,  as  provided  in  this  section,  at  any  time   after   the 
expiration  of  five  years,  or  the  court  may  dissolve  the  same  at 
any  time  upon  being  petitioned  to  do  so  by  two-thirds  of  the 

Sec.  3950.  Where  a  joint  sub-school  district  is  established  by  the  pro- 
bate court  under  the  provisions  of  sections  3930  to  3950,  inclusive,  of  the  Re- 
vised Statutes,  and  the  judgment  of  said  court  remains  in  full  force  and  un- 
reversed, an  action  by  the  board  of  education  of  the  township  in  which  such 
joint  sub-district  is  established,  to  enjoin  the  county  commissioners  from 
levying  a  tax  to  support  the  same,  can  not  be  maintained.  The  judgment 
of  the  probate  court  is  final,  unless  reversed  for  error  or  set  aside  for  fraud. 
Board  of  Education  of  Washington  township,  Darke  county,  vs.  John  H. 
Stuck  et  al.    39  O.  S.,  259. 


40 


OHIO    SCHOOL    LAWS. 


Ch.  6. 


School  Funds. 


voters  repiding  in  the  district  which  is  affected  by  the  change, 
when  the  best  interests  of  the  school  demand  such  dissolu- 
tion, change  or  alteration.  [77  v.  186;  81  v.  211;  84  v  117; 
86  V.  211.] 


CHAPTER  6. 
SCHOOL    FUNDS. 


The  "state 
common 
school    fund." 


Interest  on 
proceeds  of 
halt  and 
swamp  lands. 


Section 

3951.  The  "state  common  school  fund." 

3952.  Interest  upon  proceeds  of  salt  and 
swamp  lands. 

The  "common  school  fund." 

Accounts  of  common  school  fund 
—how  kept,  etc. 

Bequests,  etc.,  in  trust  for  com- 
mon school  fund. 

Apportionment  of  school  funds 
by  auditor  of  state. 

To  what  county  common  school 
fund  paid  when  county  line 
divides  original  surveyed 
township. 

Estimate  and  levy  for  contingent 
fund. 

Limitation  as  to  levy  for  contin- 
gent fund. 

Estimate  to  be  certified  to  county 
auditor. 

Contingent  fund  for  joint  sub- 
district. 


3953. 
3954. 


3955. 
3956. 


3957. 


3958. 
3959. 


3960. 
3961. 


Section 

3962.  Same  when   county   line  divides 

such  sub-district. 

3963.  Funds  of  district  composed  of  ter- 

ritory in  more  than  one  county. 

3964.  Apportionment  of  school  funds  by 

county  auditor. 

3965.  Distribution  of  money  after   ap- 

portionment. 

3966.  Apportionm  en  t  of  com  m  on  school 

fund  by  county  auditor  when 
county  line  divides  original 
surveyed  township. 

3967.  Apportionment  of  contingent  fund 

Dy  boards  of  education. 

3968.  How  contingent  fund  to  be  applied 

in  Toledo. 

3969.  County  commissioners  to  lew  con- 

tingent fund  when  board'  neg- 
lects. 

3970.  County   auditor   to   collect   fines, 

etc.,  and  inspect  section  sixteen 
accounts. 


Section  3951.  For  the  purpose  of  affording  advantages 
of  a  free  education  to  all  the  youth  of  the  state,  there  shall  be 
levied,  annually,  a  tax  upon  the  grand  list  of  taxable  proper- 
ty of  the  state,  which  shall  be  collected  in  the  same  manner 
as  other  state  taxes  are  collected,  and  the  proceeds  of  which 
shall  constitute  the  "state  common  school  fund;  "  the  rate  of 
such  levy  shall  be  designated  by  the  general  assembly  at  least 
once  in  two  years  ;  and  if  the  general  assembly  fail  to  desig-. 
nate  the  rate  for  any  year,  the  same  shall  be  one  mill 
upon  each  dollar  of  valuation  of  such  taxable  property.  [70 
V.  195,  §  126.] 

Sec.  3952.  The  state  shall  pay  interest  annually,  at  the 
rate  of  six  per  cent,  per  annum,  upon  all  money  which  has 
been  paid  into  the  state  treasury  on  account  of  sales  of  lands 
commonly  called  "salt  lands,"  and  upon  all  money  hereto- 
fore paid,  or  which  may  hereafter  be  paid  into  the  state  treas- 
ury on  account  of  sales  of  swamp  lands  granted  to  the  state  of 
Ohio  by  act  of  congress;  the  money  received  from  such  sales 
shall  constitute  an  irreducible  debt   of  the  state ;  and  the 


SCHOOL    OFFICERS     GUIDE.  4 1 

School  Funds.  Ch.  6. 

interest  shall  be  apportioned  annually  on  the  same  basis  as 
the  state  common  school  fund  is  apportioned,  and  distributed 
to  the  several  counties  as  provided  in  section  thirty -nine  hun- 
dred andfijtysix.     [70  v.  195,  §  132 ;   49  v.  40,  §  1.] 

Sec.  3953.  The  money  which  has  been,  and  may  here-  The  "commQn 
after  be  paid  into  the  state  treasury  on  account  of  sales  of 
lands  granted  by  congress  for  the  support  of  public  schools  in 
any  original  surveyed  township,  or  other  district  of  country, 
shall  constitute  the  "common  school  fund,"  of  which  the 
auditor  of  state  shall  be  superintendent,  and  the  income  of 
which  shall  be  applied  exclusively  to  the  support  of  common 
schools,  in  the  manner  designated  in  this  chapter.  [70  v. 
195,  §§  127, 128.] 

Sec.  3954.     The  common  school  fund  shall  constitute  an  Accounts  of 

common 

irreducible  debt  of  the  state,  on  which  the  state  shall  pay  in-  ^'''^^°*^'e^^°^t7 
terest  annually,  at  the  rate  of  six  per  cent,  per  annum,  to  be 
computed  for  the  calendar  year,  and  the  first  computation  on 
any  payment  of  principal  hereafter  made  to  be  from  the  time 
of  payment  to  and  including  the  thirty-first  day  of  December 
next  succeeding;  and  the  auditor  of  state  shall  keep  an 
account  of  the  fund,  and  of  the  interest  which  accrues  there- 
on, in  a  book  or  books  to  be  provided  for  the  purpose,  with 
each  original  surveyed  township  and  other  district  of 
country  to  which  any  part  of  the  fund  belongs, 
crediting  each  with  its  share  of  the  fund,  and  showing  the 
amount  of  interest  thereon  which  accrues  and  the  amount 
which  is  disbursed  annually  to  each.     [70  v.  195,  §§  128, 129.] 

Sec.  3955.  When  any  grant  or  devise  of  land,  or  any  Bequests,  etc., 
donation  or  bequest  of  money  or  other  personal  property,  is  common^"^ 
made  to  the  state  of  Ohio,  or  to  any  person,  or  otherwise,  in 
trust  for  the  common  school  fund,  the  same  shall  become 
vested  in  said  fund;  and  when  the  money  arising  therefrom 
is  paid  into  the  state  treasury,  proper  accounts  thereof  shall 
be  kept  by  the  auditor  of  state,  and  the  interest  accruing 
therefrom  shall  be  applied  according  to  the  intent  of  the 
grantor,  donor,  or  devisor.     [70  v.  195,  §  131.] 

Sec.  3956.    The  auditor  of  state  shall  apportion  the  state 

Apportion- 

common  school  fund  to  the  several  counties  of  the  state  semi-  ^'^"^  of  school 

funds  by.au  di- 

annually,  upon  the  basis  of  the  enumeration  of  youth  there-  tor  of  state. 
in,  as  shown  by  the  latest  abstract  of  enumeration  transmitted 


42  OHIO    SCHOOL    LAWS. 


Ch.  6.  School  Funds. 


to  him  by  the  state  commissioner  of  common  schools;  before 
making  his  February  settlement  with  county  treasurers,  he 
shall  apportion  such  amount  thereof  as  he  shall  estimate  to 
h  ive  been  collected  up  to  that  time,  and,  in  the  settlement 
sheet  which  he  transmits  to  the  auditor  of  each  county,  shall 
certify  the  amount  payable  to  the  treasurer  of  his  county ;  be- 
fore making  his  final  settlement  with  county  treasurers  each 
year,  he  shall  apportion  the  remainder  of  the  whole  fund  col- 
lected, as  nearly  as  the  same  can  be  ascertained,  and  in  the 
August  settlement  sheet  which  he  transmits  to  the  auditor  of 
each  county;  shall  certify  the  amount  payable  to  the  treas- 
urer of  his  county;  in  each  February  settlement  sheet  he 
shall  also  enter  ihe  amount  of  money  payable  to  the  county 
treasurer  on  the  apportionment  of  interest  specified  in  section 
thirty-nine  hundred  and  fifty  two;  he  ^hall  also  enter  in  each 
February  settlement  sheet  the  amount  of  money  payable  to 
the  county  treasurer  on  account  of  interest  for  the  preceding 
year  on  the  common  school  fund,  and  designate  the  source  or 
sources  from  which  the  interest  accrued;  he  shall  transmit 
with  each  February  settlement  sheet  a  certified  state- 
ment, showing  the  amount  of  interest  derived  from 
the  common  school  fund  payable  to  each  original 
surveyed  township  or  other  district  of  country  with- 
in the  county;  and  the  treasurer  of  each  county  shall,  at 
each  semi-annual  settlement  with  the  auditor  of  state,  retain 
in  the  county  treasury,  from  the  state  taxes  collected  by  him, 
the  amount  of  the  funds  herein  mentioned  shown  by  the 
settlement  sheet  of  the  auditor  of  state  to  be  payable  to  him 
at  that  time;  but  if  such  amount  for  any  county  exceeds  the 

•Sec.  3956  (a).  By  section  4036  the  county  auditor  is  authorized  to 
employ  a  proper  person  to  take  the  enumeration  in  any  district  whenever 
the  same  is  not  taken  as  required  by  law,  and  section  4038  makes  the  clerk 
liable  for  all  damage  or  loss  accruing  to  any  school  district  by  his  neglect 
to  cause  such  enumeration  to  be  taken  and  returned  to  the  county  auditor. 

(6).  The  Auditor  of  State  apportions  these  funds  to  the  several  coun- 
ties, and  certifies  the  same  to  the  county  auditors,  and  they  apportion  them 
to  the  school  districts  in  the  couuty,  giving  the  clerks  and  treasurers  of 
school  districts  a  copy  of  such  apportionment,  and  giving  orders  on  the 
county  treasurer  for  the  amounts  so  apportioned,  and  taking  their  receipts 
therefor. 

(c).  All  fines,  etc.,  collected  and  paid  into  the  county  treasury  should 
be  disbursed  to  the  proper  school  districts  in  the  same  manner. 


SCHOOL   OFFICERS     GUIDE. 


43 


School  Funds. 


Ch.  6. 


amount  of  state  taxes  collected  therein,  the  auditor  of  state 
shall  draw  an  order  on  the  treasurer  of  state,  in  favor  of  the 
treasurer  of  such  county,  for  the  balance  of  school  funds  due 
his  county,  and  transmit  the  same  to  such  county  treasurer, 
and  the  treasurer  of  state  shall  pay  such  order  upon  its  pre- 
sentation to  him.     [70  v.  195,  §§  120,  130.] 

Sec.  3957.  If  parts  of  an  original  surveyed  township  or 
fractional  township  are  situate  in  two  or  more  counties,  the 
amount  of  interest  on  common  school  fund  due  to  such  town- 
ship shall  be  paid  in  the  manner  provided  in  the  last  section, 
to  the  treasurer  of  the  county  wherein  the  greatest  relative 
portion  of  such  township  is  situate ;  but  if  it  be  uncertain  in 
which  county  such  portion  is  situate,  the  amount  of  interest 
due  to  such  township  shall  be  paid  to  the  treasurer  of  the 
oldest  county  in  which  any  part  of  the  township  is  situate. 
[70  V.  195,  §  130.] 

Sej.  3958.  Each  board  of  education  shall,  annually,  at  a 
regular  or  special  meeting,  to  be  held  between  the  third  Mon- 
day in  April  and  the  first  Monday  in  June,  determine  by 
estimate,  as  nearly  as  practicable,  the  entire  amount  of  money 
necessary  to  be  levied  as  a  contingent  fund  for  the  continu- 
ance of  the  school  or  schools  of  the  district,  after  the  state 
funds  are  exhausted,  to  purchase  sites  for  school-houses,  to 
erect,  purchase,  lease,  repair,  and  furnish  school-houses,  and 
build  additions  thereto,  and  for  otaer  school  expenses.  [75 
V.  526,  §  56 ;  75  V.  101,  §  4 ;  80  v.  17,   124 ;  81  v.  177.] 


To  what  coun- 
ty common 
school  fund 
paid  when 
county  line  di- 
vides   original 
surveyed 
township. 


Board  of  edu- 
cation to  make 
estimate  for 
expenses. 


Sec.  3958  (a).  "It  is  a  general  rule  that  statutes,  so  far  as  they  limit 
a  time  for  the  performance  of  an  act  by  a  public  officer,  for  the  public  bene- 
fit, are  merely  directory,  when  time  is  not  the  essence  of  the  thing  to  be  done, 
unless  there  are  negative  words,  and  the  act  is  valid  if  done  afterwards. 

(6).  "A  notice,  by  a  clerk  of  a  board  of  education,  of  a  tax  voted  by 
the  board,  to  build  a  school-liouse,  delivered  to  the  auditor  on  the  11th  day 
of  June,  is  sufficient  authority  to  the  auditor  for  carrying  the  tax  into  his 
duplicate."     II.  Western  Law  Monthly,  page  589. 

(c).  Tuition  from  non-resident  pupils  is  to  be  paid  to  the  board  of  ed- 
ucation, and  disbursed  like  other  contingent  funds.  Neither  the  teacher  nor 
the  local  directors  have  any  authority  to  retain  or  to  pay  out  such  funds. 

(d).  The  term  "Contingent  Fund"  is  used  to  designate  the  local  levy; 
because  the  amount  ol  it  is  contingent  on  the  difference  between  the  wants  of 
the  district  and  the  amount  of  State  funds  received.  It  includes  both  the 
amount  levied  for  the  payment  of  teachers,  and  that  for  building,  repairs, 
and  other  expenses.  The  language  of  this  section  and  that  of  section  3967 
seems  to  imply  that  the  State  funds  are  to  be  used  only  for  the  payment  of 
teachers. 


Statutes  when 
directory. 


When  tax  may 
be  placed  on 
duplicate. 


Tuition  of 

non-resident 

pnpils. 


M|^hat  the  con- 
tingent fund  is. 


44 


OHIO    SCHOOL    LAWS. 


Ch.  6. 


School  Funds. 


Amount  of 
levj- 


Estimate  to  be 
certified  to 
county  au- 
ditor. 


Contingent 
fund  of  joint 
sub-district. 


Sec.  3959.  Such  estimate  and  levy  shall  not  exceed,  in 
cities  of  the  first  grade  of  the  first  class,  tnree  and  one  fourth 
mills,  provided,  however,  that  the  boards  of  education  in  said 
cities  may  levy  one  mill  additional  for  every  five  thousand 
pupils  over  and  above  twenty  five  thousand  enrolled  in  the 
public  schools  of  said  citie.^,  which  levy,  however,  shall  in  no 
case  exceed  four  mills;  and  in  cities  of  the  second  grade,  first 
class,  five  mills;  and  in  all  other  districts,  seven  mills  on 
each  dollar  of  valuation  of  taxable  property.  [61  v.  63,  §  2 ; 
63  V.  15,  §  1 ;  75  v.  101,  §  4;  75  v.. 526,  §  56;  79  v/80;  80  v. 
124;  81  V.  177.] 

Sec.  3960.  The  amount  so  estimated  the  board  shall  cer- 
tify, in  writing,  on  or  before  the  first  Monday  in  June  in 
each  year,  to  the  auditor  of  the  county  to  which  the  district 
belongs,  who  shall  assess  the  entire  amount  upon  all  the  tax- 
able property  of  the  district,  and  enter  it  upon  the  tax  list  of 
the  county,  and  the  county  treasurer  shall  collect  the  same, 
at  the  same  time  and  in  the  same  manner  as  state  and  county 
taxes  are  collected,  and  pay  it  to  the  treasurer  of  the  district, 
upon  the  warrant  of  the  county  auditor ;  and  unless  he  is 
paid  a  fixed  salary,  he  shall  receive  one  per  centum  on  all 
mone}''  so  collected,  and  no  more.     [70  v.  195,  §§  57,  58.J    ' 

Sec.  3961.  For  a  joint  sub-district  the  estimate  required 
by  section  thirty-nine  hundred  and  fifty  eight  shall  be  made  by 
the  board  of  education  having  control  of  the  school  thereof, 
and  apportioned  to  the  several  townships  having  territory 
therein  in  proportion  to  the  enumeration  of  youth  in  the  ter- 


Levy  voted  by 
electors. 


Boards  liable 
for  failure'to 
provide  school 
advantages. 


Transfer  of 
joint  sub-dis- 
trict funds. 


Sec.  3960  (a).  The  board  must  also  certify  any  additional  amount 
for  building  or  other  purposes  which  may  have  been  voted  at  a  special 
meeting  of  electors,  and  so  required  to  be  certified  in  Sec.  3992. 

The  board  may  certify  the  amount  of  money,  not  rates  of  levy. 

If  the  certificate  is  sent  in  after  the  day,  the  auditor  is  still  to  levy  the 
tax,  if  possible.     See  note  and  authority  on  section  3958. 

(6).  If  the  board  of  education  fails  to  provide  for  all  the  youth  of 
School  age  in  the  district,  the  county  commissioners  are  to  perform  the 
work  of  the  board,  and  the  members  of  the  board  "shall  each  be  severally 
liable  in  a  renalty"  of  $2o  to  $50  for  such  failure.     See  section  3969. 

Sec.  3961.  As  the  auditor  does  not  actually  handle  or  transfer  the 
moneys,  the  word  "transfer,"  must  here  refer  to  his  record  and  warrant. 
He  certifies  to  the  clerk  and  treasurer  of  each  township  the  amounts  due  to 
the  joint  sub-districts  from  such  township,  that  the  money  may  be  properly 
paid  by  the  treasurer  of  each  township  district  to  the  joint  sub  districts,  and 
that  the  accounts  may  be  fully  adjusted  by  each. 


SCHOOL   officers'    GUIDE.  45 

School  Funds.  Ch.  6. 

ritory  belonging  to  each;  the  board  shall  certify  such  esti- 
mate, so  apportioned,  to  the  county  auditor,  who  shall  add 
the  portion  for  each  township  to  the  estimate  for  a  contin- 
gj^nt  fund  certified  to  him  by  its  board  of  education,  and 
place  it  on  the  tax  list  therewith  for  collection  as  part  of  the 
township  estimate;  when  the  county  auditor  apportions  the 
school  funds  he  shall  transfer  to  the  township  having  control 
of  the  school,  from  the  other  townships,  the  amounts  so 
assessed  and  collected,  and  certify  to  the  clerk  and  treasurer 
of  each  township  the  amount  due  the  joint  sub-district,  in- 
cluding state  tax,  interest  on  the  common  school  fund,  con- 
tingent fund,  and  money  received  from  other  sources,  which 
amount  shall  be  paid  to  the  treasurer  of  the  board  having 
control  of  the  school ;  and  such  board  shall  cause  to  be  kept 
such  accounts  as  will  show  the  funds  received  from  each  town- 
ship, and  the  disposition  thereof,  and  transmit  to  the  other 
board  or  boards  interested,  at  the  end  of  the  school  year,  a 
statement  of  such  receipts  and  expenditures.  [75  v.  84,  §  35.] 
Sec.  3962.     When    a  joint  sub-district   is   composed   of 

„.  „  ,.  li'.iiii        Same  when 

fractions  of  two  or  mors  counties,   such  estimate*  shall    be  county  line 

divides  such 

apportioned  to  townships,  as  provided  in  the  preceding  sec-  sub-district, 
tion,  and  the  amount  apportioned  to  the  township  or  town- 
ships belonging  to  each  county  shall  be  certified  by  the  board 
£o  the  auditor  thereof,  whose  duties  in  the  premises  shall  be 
the  same  as  prescribed  for  the  auditor  in  the  preceding  sec- 
tion, so  far  as  the  provisions  thereof  are  applicable ;  and  the 
board  shall  keep  accounts,  and  report  receipts  and  expendi- 
tures, as  provided  in  said  section.     [72  v.  63,  §  36  ] 

Sec.  3963.     The  funds  belonging  to  a  district  composed  Fundsofdis- 
of  territory  in  more  than  one  county  shall  be  paid  by  the   tbanonr^'^*' 
treasurer  of  the  other  counties  to  the  treasurer  of  the  county  *^°^"*^' 
in  which  the  school-houpe  of  the  district  is  situate;  the  audi- 
tors of  other  counties  shall  make  settlement  on  account   of 
such  funds  with  the  auditor  of  the  county  in  which  such 
school-house  is  situate  ;  and  the  treasurer  of  the  district  shall 
make  the  settlement  required  by  section  thirty-nine  hundred  and 
sixty-six  with  such  auditor. 

Sec.  3964.  Each  county  auditor  shall,  annually,  imme-  ^pPj  ol^gchooi 
diately  after  his  annual  settlement  with  the  county  treasurer,  t^'^udit^or""" 
apportion  the  school  funds  for  his  county ;  the  state  common 


4^  OHIO   SCHOOL    LAWS. 


Ct.  6,  School  Funds. 


school  fund  shall  be  apportioned  in  proportion  to  the  enumer- 
ation of  youth,  to  districts,  sub-districts,  and  joint  sub- 
districts,  and  fractions  of  districts  and  joint  sub  districts, 
within  the  county;  but  if  an  enumeration  of  the  youth  of 
any  district,  for  any  year,  has  not  been  taken  and  returned, 
such  district  shall  not  be  entitled  to  receive  any  portion  of 
said  fund;  the  contingent  funds  collected  from  the  several 
districts  shall  be  paid  to  the  districts  to  which  they 
respectively  belong;  money  received  from  the  state  on 
account  of  interest  on  the  common  school  fund,  shall  be 
apportioned  to  the  school  districts  and  parts  of  school  districts 
within  the  territory  designated  by  the  auditor  of  state  as 
entitled  thereto,  in  proportion  to  the  enumeration  of  youth 
therein,  and  all  other  money  in  the  county  treasury  for  the 
support  of  common  schools,  and  not  otherwise  appropriated  by 
law,  shall  be  apportioned  annually  in  the  same  manner  as  the 
state  common  school  fund.  [70  v.  195,  §  120;  S.  &  C.  64,  §  2; 
S.  &C.  1406,  §3;  77  v.  58.] 
o/money^after  Sec.  3965.     The  auditor  shall,    immediately  after  such 

nfem^  ^^^  apportionment  is  made,  enter  the  same  in  a  book  to  be  kept 
for  that  purpose,  and  furnish  a  certified  copy  of  the  appor- 
tionment to  each  school  treasurer  and  clerk  in  his  county; 
and  he  shall  give  to  each  of  such  treasurers  an  order  on  the 
countj"^  treasurer  for  the  amount  of  money  payable  to  him, 
and  take  his  receipt  therefor.  [70  v.  195,  §  120.J 
Apportion-  Sec.   3966.     When   an  original   surveyed    township    or 

ment  of  com-       .  .  ,  ..... 

monsc.iooi       fractional  township  is  situate  in  two  or  more  counties,  and 

fuud  by  eoun-  ' 

ty  auditor         the  land  granted  thereto  bv  congress  for  the  support  of  pub- 

when  county  ,  o  r  r  r 

linecuvides       \[q  schools  has  been  sold,  the  auditor  of  the  county,  to  whose 

original  sur-  '  •'  ' 

shm^*"^^°'  treasurer  the  interest  on  the  proceeds  of  such  sale  is  paid, 
shall  apportion  such  interest  to  the  counties  in  which  such 
township  is  situate,  in  proportion  to  the  youth  of  the  town- 
ship enumerated  in  each ;  such  auditor  shall  certify  to  the 
auditor  of  each  of  the  other  counties  the  amount  so  ascer- 
tained to  belong  to  the  part  of  the  township  situate  in  his 
county,  and  transmit  to  the  treasurer  of  each  of  such  counties 
an  order  on  the  treasurer  of  his  own  county  for  such  amount ; 
and  the  auditor  of  each  county  shall  apportion  the  amount  of 
such  interest  belonging  to  the  part  of  the  township  in  his 
county,  to  the  districts  or  parts  of  districts  entitled  thereto,  in 


SCHOOL    OFFICERS     GUIDE.  47 

School  Funds.  Ch.  6. 

proportion  to  the  enumeration  of  youth  therein,  and  certify 
and  pay  the  same  to  the  proper  school  officers,  as  provided  in 
the  preceding  section.     [70  v.  195,  §§  121,  122;  72  v.  63,  §  36.] 

Sec.  3967.  So  much  of  the  contingent  fund  as  may  be  g^ximumoJ 
set  apart  by  a  township  board  for  the  continuance  of  schools 
after  the  state  funds  are  exhausted,  shall  be  so  apportioned 
by  the  board  that  the  schools  in  all  the  sub-districts  of  the 
township  s^hall  be  continued  the  same  length  of  time  each 
year;  and  if  the  apportionment  be  not  satisfactory  to  the 
directors  of  any  sub-district,  or  a  majority  of  them,  they  may 
give  notice  thereof,  in  writing,  to  the  county  commissioners, 
who,  at  their  first  regular  meeting  for  the  transaction  of  busi- 
ness after  the  receipt  of  such  notice,  shall  revise  the  appor- 
tionment, and  the  amount  aforesaid  shall  be  apportioned  in 
the  manner  determined  by  the  commissioners;  but  neither 
the  township  board  nor  thj  commissioners  shall  reapportion 
any  funds  which  were  apportioned  among  the  sub-districts 
before  any  preceding  annual  settlement,  and  in  making  an 
apportionment  of  funds,  the  amount  set  apart  for  any  sub- 
district  shall  not  be  increased  or  diminished  by  reason  of  any 
deficit  or  surplus  in  the  funds  previously  apportioned  to  such 
sub-district.     [70  v.  195,  §  60;  82  v.  92.J 

Sec.  3968.     In  the  city  of  Toledo,  at  each  annual  settle- 
ment of  the  treasurer  of  the  board  of  education  with  the  coun-  gent  fund  to 

be  applied  in 

ty  auditor,  th^re  shall  be  placed  to  the  credit  of  a  sinking  Toledo. 
fund  so  much  of  the  proceeds  of  the  levy  for  contingent  fund 
as  would  '  e  produced  by  a  levy  of  two  mills,  and  the  treas- 
urer shall  apply  the  same  in  payment  of  school  bonds,  and 
interest  thereon,  and  to  no  other  purpose.    [75  v.  526,  §  56.] 


Sec.  3967  (a).     The  custom  which  has  prevailed  in  some  township dis-    school  funds 
tricts  of  dividing  the  contingent  fund  and  placing  it  in  the  hands  of  direc-    remain  in  cus- 
tors,  is  not  legal.     All  school  funds  should  be  retained  in  the  custody  of  the    treasurers, 
township  treasurer  until  drawn  out  for  the  payment  of  expenses  legally  in- 
curred. 

(6).     It  is  advisable  for  each  board  to  require  directors  to  report  for    contracts  to  be 
payment  all  contracts  made  under  the  provisions  of   this   section  to  the    reported, 
board  at  their  next  meeting  after  the  making  of  such  contracts. 

(c).     Inasmuch  as  the  larger   sub-districts  receive   more  of  the  State 
funds  than  the  smaller  sub-districts,  the  latter  ought  to  receive  proportion-    men^of^" 
ally  more  of  the  township  tuition  fund  than  the  former.     If,  however,  the    funds, 
larger  sub-districts  contain  two  or  more  schools,  or  actually  require  more 


48 


OHIO    SCHOOL    LAWS. 


Ch.  6. 


School   Fund. 


County  cam- 
missioners  to 
levy  contin- 
gent fund 
when  board 
neglects. 


Sec.  3969.  If  the  board  of  education  of  any  district  fail 
in  any  year  to  estimate  and  certify  the  levy  for  a  contingent 
fund,  as  required  by  this  chapter,  or  to  provide  sufficient 
school  privilege  for  all  the  youth  of  t-chool  age  in  the  district, 
or  to  provide  for  the  continuance  of  any  school  in  the  district' 
for  at  least  six  months  in  the  year,  or  to  provide  for  each 
school  an  equitable  share  of  school  advantages  as  required  by 


In  case  of  tie. 


Should  con- 
tinue schools 
the  usual  time. 


tuition   money  than  the  smaller  to  sustain  their  schools  an  equal  length  of 
time,  they  are  entitled  to  more. 

The   larger  sub-districts  may,    in  some  instances,   be  obliged   to  pay 

higher  wages  than  the  smaller.     The  intention   of  the  law  is  to  require 

boards  of  education  to  provide  the  necessary  funds,  all  the  circumstances 

,  being  duly  considered,  for  continuing  the  schools  of  the  several  sub-districts 

an  equal  length  of  time. 

*(d).  The  adding  together  of  Ihe  State  and  contingent  funds,  and  then 
dividing  the  sum  equally  among  the  several  sub-districts,  as  is  so  frequent- 
ly done  by  township  boards,  is  not  a  compliance  with  either  the  letter  or 
the  spirit  of  the  law.  An  equal  division,  except  in  rare  instances,  cannot  be 
an  equitable  division. 

(e).  In  case  the  township  tuition  fund  is  distributed  by  the  board 
illegally,  complaint  should  be  made  to  the  county  commissioners  under  this 
section. 

Sec.  3969  (a).  Several  questions  have  come  up  under  this  section.  In 
solving  any  doubts  that  have  arisen,  it  has  seemed  proper  to  consider  that 
the  purpose  of  the  section  is  to  provide  an  absolute  remedy  against  the  sus- 
pension of  a  school,  and  to  assure  to  each  pupil  in  the  State  reasonably 
convenient  facilities  for  attending  school  six  months  each  year. 

*If,  however,  a  board  has  levied  up  to  the  full  limit  allowed  by  law,  and 
the  sum  produced  is  not  sufficient  to  continue  the  schools  of  the  district  for 
six  months,  there  seems  to  be  no  remedy.  But  if  a  levy  under  this  limit 
fails  to  sustain  the  schools  tor  the  minimum  time  prescribed  in  this  section, 
then  an  appeal  should  be  made  to  the  county  commissioners,  whose  duty  it 
will  be  to  raise  the  levy  to  the  highest  limit  warranted  by  the  law ;  and 
they  will  be  justified  in  acting  as  soon  as  they  are  satisfied  that  the  amount 
levied  by  the  board  of  the  district  will  be  insufficient  to  meet  the  demands 
of  the  law. 

(6).  If  in  a  large  city,  where  teachers  have  been  paid  each  month,  a 
board  of  education  stands  at  a  tie  in  its  organization,  so  that  it  can  not  act 
for  months  together,  and  the  prospect  for  action  does  not  brighten,  the  case 
would  seem  to  be  one  in  which  the  schools  must  stop  unless  the  means  are 
provided  for  continuing  them.  In  such  case  the  commissioners  should  in- 
terfere. 

(c).  The  law  does  not  seem  to  intend  that  the  commissioners  shall  stop 
a  school  which  has  come  under  their  control,  when  six  months'  school  has 
been  taught  during  the  year.  They  should  be  governed  by  the  customs  of 
the  district.  In  a  city  they  should  keep  up  the  schools  40  weeks,  if  that  has 
been  the  custom. 


SCHOOL    OFFICERS     GUIDE. 


49 


School  Funds. 


Ch.  6. 


this  title,  or  to  provide  suitable  school-houses  for  all  the 
schools  under  its  control,  the  commissioners  of  the  county  to 
which  such  district  belongs,  upon  being  advised  and  satisfied 
thereof,  shall  do  and  perform  any  or  all  of  said  duties  and  acts, 
in  as  full  a  manner  as  the  board  of  education  is  by  this  title 
authorized  to  do  and  perform  the  same;  and  the  members  of 
a  board  who  cause  such  failure  shall  be  each  severally  liable, 
in  a  penalty  not  exceeding  fifty  nor  less  than  twenty  five 
dollars,  to  be  recovered  in  a  civil  action  in  the  name  of  the 
state,  upon  complaint  of  any  elector  of  the  district,  which 
sum  shall  be  collected  by  the  prosecuting  attorney  of  the 
county,  and  when  collected  shall  be  paid  into  the  treasury  of 
the  county,  for  the  benefit  of  the  school  or  schools  of  the  dis- 
trict.    [72  V.  59,  §59.] 

Sec.  3970.     The  auditor  of  each  county  shall  collect,  or 
cause  to  be  collected,  all  fines  and  other  money,  for  the  eun-  county  luuii- 

•'  '  i       tor  to  collect 

port  of  common  schools  in  his  county,  and  pay  the  same  to  fnsp*ec*t*8ecUon 

the  county  treasurer;  he  shall  inspect  all  accounts  of  inter-  e'ounts!*^*^ 

est  accruing  on  account  of  section   sixteen  or  other  school 

lands,  whether  the  same  is  payable  by  the  state  or  by  the 

debtors;  and  he  shall  take  all  proper  measures  to  secure  to 

each  school  district  in  his  county  the  full  amount  of  school 

funds  to  which  it  is  entitled.     [70  v.  195,  §  120.] 


(d).  Local  directors,  or  patrons  of  the  school,  may  appeal  to  the  com- 
missioners under  the  fourth  item  here  enumerated,  if  the  township  board  of 
education  have  treated  the  sub-district  unjustly  in  the  apportionment  of 
funds,  or  continue  to  treat  families  unjustly  by  imposing  the  necessity  of 
excessive  travel  to  reach  a  school. 

(e).  Under  the  fifth  item,  if  a  school  building  is  unsafe,  or  becomes  so, 
any  persons  interested  may,  after  due  appeal  to  the  board  of  education,  ap- 
peal to  the  commissioners,  who  should  consider  the  necessity  for  action. 
The  same  is  true  in  case  the  scliool-house  or  school  premises  are  in  condi- 
tion to  engender  disease,  or  great  discomfort,  or  are  intolerably  near  to  a 
nuisance  or  source  of  disease,  as  a  glue  factory,  slaughter-house,  ,'untidy 
stable,  stagnant  pool,  or  the  like.  v 

Sec.  3970.     The  list  of  such  fines  is  here  appended  :  m! 

Sec.  3479  (Amended  1881).  Penalty /or  avoiding  toll  on  turnpikes  o« 
plankroads. 

Sec.  4033.  Penalty  against  the  clerks  of  local  boards  who  fail  to  take  th# 
enumeration. 

Secs.  4201-04.   Penalty  for  allowing  certain  animals  to  run  at  large.    «• 

Sec.  4382.     Penalty  against  owners  or  keepers  ofv:harf  boats. 


Local  direc- 
tors may  ap- 
peal from 
towuship 
boards. 


Case  of  unsafe 
school  houses, 
nuisances,  etc. 


Penalties  and 
forfeitures 
payable  into 
the  township 
(district) 
treasury. 


50 


OHIO    SCHOOL    LAWS. 


Ch.  6. 


School  Funds. 


Penalties  and 
forfeitures 
payable  into 
the  county 
ireasury. 


Penalties  and 
forfeitures 
vavable  into 
the  State 
treasnrv. 


Secs.  4401-02.     Penalty  against  peddlers  that  do  not  obtain  a  license. 

Sec.  1504.  (A.  mended  1883).  Penalty  against  township  clerk  failing  to 
make  detailed  statement — act  relating  to  oil  wells.    Laws  of  1883,  page  191. 

Sec.  288.  Penalty  against  insurance  corporations  and  others  violating 
the  provisions  of  Chapter  YIII,  Title  III,  Revised  Statutes. 

Secs.  1052  and  4215.     Relating  to  dog  tax. 

Sec.  1279.  Relating  to  the  disposition,  by  the  prosecuting  attorney,  of 
the  proceeds  of  the  sale  of  timber  tliat  grew  on  State  or  school  lands. 

Secs.  1280-81.  Providing  for  the  disposition  of  the  proceeds  of  the 
sale  of  property,  stolen,  embezzled,  or  ohtiined  under  false  pretenses. 

Sec.  1375.  Penalty  against  township  trustees  and  treasurers  who  refuse  to 
serve. 

Sec.  3969.  Penalty  against  members  of  a  board  of  education  v.  ho  fail  to 
perform  certain  duties. 

Sec.  4027.  Penalty  against  parents  and  guardians  for  detaining  chil- 
dren from  school  contrary  to  law. 

Sec.  4038.  Penalty  against  the  clerk  of  a  local  board  for  failing  to  take 
the  school  enumeration. 

Sec.  4045.'  Penalty  against  treasurers  of  school  districts  for  failing  to 
make  their  annual  settlement. 

Sec.  4061.  Penalty  a^^'inst  county  auditors  and  clerks  of  boards  of  educa- 
tion for  failing  to  make  certain  reports. 

Sec.  4063.     Penalty  against  county  auditors. 

Secs.  4088-89.  Penalty  against  institute  committee  for  failing  to  make 
required  report. 

Secs.  4217-18.     Penalty  against  fishing  unlawfully  in  Lake  Erie. 

Sec.  4398  (amended)  4399.     Relating  to  pedd/ers' /icense. 

Sec.  4487.  Penalty  against  auditors,  engineers,  commissioners,  and  probate 
judges,  who  fail  to  perform  certain  duties  relating  to  county  ditches. 

Sec.  6396.  Penalty  against  assessors,  physicians,  midwives,  clergymen,  sex- 
tons, and  probate  judges,  who  fail  to  furnish  statistics  of  births  and  deaths. 

Sec.  19  of  act  relating  to  sinkholes  and  fissures.     Laws  1883,  page  2ll. 

Secs.  1050-51.  'Pennlty  against  county  auditors  tor  failing  to  report  to 
State  Auditor. 

Sec.  1524.  Penalty  against  assessors  for  neglecting  or  refusing  to  make 
out  and  return  statistics. 

Sec.  1525.  Penalty  against  any  person,  company,  or  corporation,  refusing 
to  make  out  and  deliver  a  statement  of  facts  for  taxation. 

Sec.  3225.  Relating  to  the  proceeds  of  the  sale  of  unclaimed  goods  by 
express  companies,  common  carriers,  etc. 

*  Penalties  for  the  violation  of  the  compulsory  education  act,  passed 
April  15,  1889. 


SCHOOL    OFFICERS     GUIDE. 


51 


Provisions  Applying  to  all  Boards. 


Ch.  7. 


CHAPTER  7. 


PROVISIONS    APPLYING    TO    ALL    BOARDS. 


Section 
3071.    Powers  of  boards  of  education. 

3972.  What  property  the  boards  have 

title  to. 

3973.  School    property   exempt    from 

taxation. 

3974.  Conveyances  and  contracts. 
.3975.    Boards  may  accept  bequests. 
3976.    Process  against  boards  and  how 

served. 

Duties  of  prosecuting  attorney 
and  city  solicitor. 

Tie  votes  to  be  decided  by  lot. 

Oath  of  members  and  other  offi- 
cers. 


3977. 


.3078. 
3979. 


Section 
39-<0.    Organization  of  board. 

Vacani;ics  in  board,  and  how  filled. 

Quorum ;    yeas   and    nays    to    be 
trtken  in  certain  cases. 

Absence  of  president  or  clerk. 

Record  of  proceedings,  and  attes- 
tation thereof. 

Boards    to     make   rules ;    illegal 
meetings. 

Boards   may   make    and   enforce 
rules  for  vaccination. 


3981. 
3982. 


3983. 
398-1. 


3985. 
3986. 


Section  3971.  The  boards  of  education  of  all  gchool  disr 
tricts  now  organized  and  established,  and  of  all  school  dis- 
tricts organized  under  the  provisions  of  this  title,  shall  be 
and  they  are  hereby  declared  to  be  bodies  politic  and  corpor- 
ate, and,  as  such,  capable  of  suing  and  being  sued,  contractiDg 
and  being  contracted  with,  acquiring,  holding,  possessing, 
and  disposing  of  property,  both  real  and  personal,  and  taking 
and  holding  in  trust,  for  the  use  and  benefit  of  such  districts, 
any  grant  or  devise  of  land,  and  any  donation  or  bequest  of 
money  or  other  personal  property,  and  of  exercising  such 
other  powers,  and  having  such  other  privileges  as  are  con- 


Boards  of  edu- 
cation— pow- 
ers and  duties. 


Sec.  3971  (a).  Corporations  must  take  and  grant  by  their  corporate 
names.     2  Kent,  II  Ed.,  351. 

(b).  A  board  of  education  is  not  liable  in  its  corporate  capacity,  for 
damages  for  an  injury  resulting  to  a  pupil  while  attending  a  common 
school,  from  its  negligence  in  the  discharge  of  its  official  duty  in  the  erec- 
tion and  maintenance  of  a  common  school  building  under  its  charge,  in  the 
absence  of  a  statute  creating  a  liability.  Finch  v.  Board  of  Education, 
30  O.  S.,  37. 

(c).  It  is  never  desirable  or  proper,  and  it  is  questionable  whether  a 
board  of  education  has  the  right,  to  build  on  property  to  which  it  has  not 
acquired  a  clear  title  by  lease,  deed,  or  process  of  law.  In  the  latter  case 
either  the  time  for  appeal  to  a  higher  court  should  have  elapsed,  or  the  ap- 
peal, if  made,  should  have  been  decided. 

(d).  The  power  to  contract,  implies  the  power  to  settle  with  contractors 
and  to  do  this  in  the  interest  of  the  district,  so  as  to  avoid  the  expense  of 
litigation.  Where  a  contracting  party  has  rights  which  he  can  enforce  in 
equity,  a  board  of  education  is,  like  other  municipal  corporations,  author- 


Liability  of 
boards  for  in- 
jury to  persons. 


Building  on 
land  without 
clear  title. 


Powers  of 
boards  to  con- 
sider equities 
in  contracts. 


52  '  OHIO   SCHOOL   LAWS. 


Ch.  7.  Provisions  Applying  to  all  Boards. 


ferred  by  this  title;  but  when  a  board  of  education  decides 
to  dispose  of  any  property,  real  or  personal,  held  by  it  in  its 
corporate  capacity,  exceeding  in  value  three  hundred  dollars, 
it  shall  sell  the  same  at  public  auction,  after  giving  at  least 
thirty  days'  notice  thereof,  by  publication  in  some  newspa- 
per of  general  circulation,  or  by  posting  notices  in  five  of  the 
most  public  places  in  the  district  to  which  such  propertv 
tatemaybe       belongs.     Provided,  that  when  such  board  has  twice  offered 

sold  or  ex- 

changed.  a  tract  of  real  estate  for  sale  at  public  auction,  as  hereinbe- 

fore provided,  and  the  same  is  not  sold,  the  board  inay  sell 
said  real  estate  at  private  sale,  either  as  an  entire  tract,  or  in 
parcels  thereof,  as  the  board  may  deem  best,  and  the  presi- 
dent and  secretary  of  the  board  shall  execute  and  deliver  the 
deed  or  deeds  necessary  to  complete  such  sale  or  sales.  Pro- 
vided, that  upon  a  vote  of  the  majority  of  the  members  of  any 
board  of  education,  and  a  concurring  vote  of  the  council  of 
any  municipal  corporation,  that  an  exchange  of  any  real 
estate  held  by  such  board  of  education  for  school  purposes, 
for  real  estate  held  by  such  municipal  corporations  for  muni- 
cipal purposes,  will  be  mutually  beneficial  to  such  school  dis- 
trict, and  to  such  municipal  corporation,  such  exchange  may 
be  made  by  conveyances,  to  be  executed  by  the  mayor 
and  clerk  of  the  municipal  corporation,  and  by  the  president 
and  clerk  of  such  board  of  education.  [70  v.  195,  §  37; 
80  V.  36;  8-5  V.  133.] 

Sec.  3972.     All  property,    real  or    personal,  which  has 

What  property  ,  .  ,  .  11,,  ,  ■,       r      , 

the  b«mrdB        heretofore  vested  in  and  is  now  held  by  any  board  of  educa- 

have  title  to. 

tion,  or  the  council  of  any  municipal  corporation,  for  the  use 

ized  to  recognize  and  provide  for  these  as  well  as  for  strictly  legal  rights. 
See  Brewster  v.  Syracuse,  19  N.  Y.,  116 ;  Friend  v.  Gilbert,  108  Mass.,  408. 
(e).     As  to  what  notices  must  contain,  see  notes  to  section  3991. 
(/).     See  opinion  of  Attorney  General,  under  section  3977. 
Rights  of  Sec.  3972  (a).     Under  the  act  of  May  1, 1873  [70  v.  195],  the  corporate 

to  boards  in        boards  of  education  therein  provided  for,  succeed  to  all  existing  rights  of 
certain  ca«es.       action  in   relation  to  the  common  school  property  and  funds  which  were 
theretofore  vested,  by  previous  legislation,  in  other  agencies  to  whose  control 
such  property  and  funds  had  been  confided-    Crof ton  r.  Board  of  Education, 
26  O.  S.,  571. 

(6).     Sec.  6877,  E.  S.     Whoever  maliciously  injures   or  defaces   any 

Defacing  church  edifice,  school-house,  dwelling-house,  or  other  building,  its  fixtures, 

penalty'F"/^       books,  or  appurtenances,  or  commits  any  nuisance  therein,  or   purposely 

and  maliciously  commits  any  trespass  upon  the  inclosed  grounds  attached 


SCHOOL    officers'    GUIDE.  53 

Provisions  Applying  to  all  Boards.  Ch.  7. 

of  public  or  common  schools  in  any  district,  is  hereby  vested 
in  the  board  of  education  provided  for  in  this  title,  having 
under  this  title  jurisdiction  and  control  of  the  schools  in  such 
district,     [70  v.  195,  §  39.] 

Sec.  3973.     All  property,  real  or  personal,  vested  in  any  school  prop- 
board  of  education,  shall  be  exempt  from  tax,  and  from  sale  from  taxation. 

thereto,  or  any  fixtures  placed  thereon,  or  any  inclosure  or  sidewalk  about 
the  same,  shall  be  fined  in  any  sum  not  more  than  one  hundred  dollars. 
[63  V.  175,  U,  S.  &  S.,  280,  ?  51 ;  70  v.  210,  §  73.1 

(c).     Sec.  6831,  R.  S.,  provides  that  "  Whoever  maliciously  burns,  or   p      ,     , 
attempts  to  burn  any      *      *      *      *     school-house     *     *     *     shall  be  im-   burning  school 
prisoned  in  the  penitentiary  not  more  than  twenty  years." 

(d).     Sec.  6835,  E.  S.,  provides  that  "  Whoever,  in  the  night  season,  ma-    p      ij.    (• 
liciously  and  forcibly  breaks  and  enters  any  *      *     school-house    felony  and 

»     «  s    with  intent  to  commit  a  felony,  or  with  intent  to  steal  property 

of  any  value,  shall  be  imprisoned  in  the  penitentiary  not  more  than  ten 
years  nor  less  than  one  year." 

(e).     A  similar  penalty  is  imposed  by  section  6836,  K.  S.,  for  entering 

a  school-house  in  the  day-time  or  night  season,  and  attempting  to  commit  a 

felony." 

if).     Sec.  6837,  K.  S.,  provides  that  "  Whoever  maliciously,  in  the  day- 

,        ,  ,      '  ,      ,  ,  ••     .  ,    .       "^      Penalty  for 

time,  breaks  and  enters  any     •="     "      "     school-house     ■''     ■•      •     with  intent   breaking  into 

to  steal,  shall  be  fined  not  more  than  three  hundred  dollars,  and  imprisoned    to^teal^^^^^ 

not  more  than  sixty  days." 

(g).     Sec.  6896,  E.  S.,  provides  that  "Whoever  willfully  interrupts  or 

disturbs  any  assembly  of  persons  met  for  a  lawful  purpose,  or  any  person    penaltv  for 

while  he  is  at  or  about  the  place  where  such  assembly  is  to  be  held,  or  is  and    disturbing  a 

„       ,  .  meeting 

has  been  held,  shall  be  fined  not  more  than  fitty  dollars,  or  imprisoned  not    (school). 

more  than  ten  days,  or  both.  [73  v.  224,  §1 ;  61  v.  98,  §1,  S.  &  S.,  288  ^  70 
V.  216,  'i  74.]" 

(h).     A  member  of  a  board  of  education  is  as  liable  to  prosecution  for 
violently  disturbing  a  school  in  session  as  any  other  person.     Such  member 
is  also  equally  liable  with  any  other  person  for  forcibly  breaking  into  a    Members  of 
school-house,  for  the  purpose  of  admitting  any  meeting,  or  for  promoting    hoard  liable 
other  use  of  the  school-house  not  authorized  by  a  majority  of  the  board  of   school,  or 
education,  or  by  law.     In  short,  an  individual  member  of  the  board,  as  such,    Bchool^use*' 
has  no  more  authority  concerning  school  property  than  any  other  individual    and  the  like, 
has.     If  he  is,  by  law  or  by  the  board,  constituted  a  committee  to  look  after 
the  school-house,  he  may  exercise  such  authority  ;  but  even  then,  he  has  no 
power  to  open  the  house  for  purposes  unauthorized  by  the  board.     The  lim- 
itation of  course  applies,  that  for  mere  errors  of  judgment,  with  proper  pur- 
pose and  intent  to  act  within  the  authority  vested  in  him  by  the  board,  the 
law  Avill  exonerate  him. 

(i).     By  "public  school-houses"  are  meant  such  as  belong  to  the  public,    „„ 
J  J-         If         1       1       .V1-1J       1  1  1        .,,.,  What  arepub- 

and  are  designed  tor  schools  established  and  conducted  under  public  author-    lie  school- 

ity.     The  fact  that  the  use  of  the  property  is  free  is  not  a  necessary  element   "°"'^^'^- 

in  determining  whether  the  use  is  public.     Gerke  v.  Purcell,  25  O.  S.,  229. 


54 


OHIO    SIIOOL    LAWS. 


Ch.  7. 


Provisions  Applying  to  all  Boards. 


Conveyances 
and  contracts. 


Boards  may  ac- 
cept bequests. 


on  execution,  or  other  writ  or  order  in  the  nature  of  an  exe- 
cution.    [70  V.  195,  §  72.] 

Sec.  3974.  All  conveyances  made  by  a  board  of  education 
shall  be  executed  by  the  president  and  clerk  thereof;  no  mem- 
ber of  a  board  shall  have  any  pecuniary  interest,  eithe'-  direct 
or  indirect,  in  any  contract  of  the  board,  or  be  employed  in 
any  manner  for  compensation  by  the  board  of  which  he  is  a 
member,  except  as  clerk  or  treasurer;  and  no  contract  shall 
be  binding  upon  any  board  unless  it  be  made  or  authorized  to 
be  made  at  a  regular  or  special  meeting  of  the  board.'  [70  v. 
195, 4^§  31,  38.] 

Sec.  3975.  All  boards  of  education  may,  by  the  adoption 
of  a  resolution,  accept  any  bequest  made  to  them  by  will, 
upon  the  conditions  and  stipulations  contained  in  the  will, 
and  for  the  purpose  of  enabling  such  boards  to  carry  out  the 
conditions  and  limitations  upon  which  the  bequest  is  made, 
they  are  authorized  to  make  all  rules  and  regulations  that 
may  be  required  to  fully  carry  into  effect  the  provisions  of  the 
will  in  relation  to  ihe  bequest.     [73  v.  205,  §  2.] 


I^ease  and  sale 
of  school 
lands. 


Injury  to 
school  timber. 

Auditors'  fees. 


How  to  enforce 
claims  against 
boards. 


\on-taxation 
of  school  prop- 
erty. 

Taxation  of 
school  lands. 


Members  can- 
not draw  pay 
except  as  t-lerk 
or  treasurer. 


ij).  For  leasing  of  school  lands  and  \oid  leases,  see  5  O.,  184,  and  8 
O.,  174. 

(k).     For  leasing  and  sale  of  school  lands,  see  E.  S.,  sees.  1404-1440. 

For  penalty  for  injury  to  timber  on  school  lands,  see  sec.  6880,  R.  S. 

For  county  auditors'  fees  for  transfer  of  sale  of  school  land,  for  payments 
on  the  same,  etc.,  see  section  1073,  R.  S. 

Sec.  3973  (a).  A  mechanic's  lien  or  a  mortgage  could  not  be  enforced, 
since  such  enforcement  would  require  an  "order  in  the  nature  of  an  exe. 
cation." 

(6).  For  additional  provision  relating  to  non-taxation  of  school  prop- 
erty, see  section  2732,  R.  S. 

(c).  For  provisions  relating  to  taxation  of  school  and  ministerial  lands 
held  under  a  lease  exceeding  fourteen  years,  see  section  2733,  R.  S. 

Sec.  3974  (a).  The  failure  of  an  officer  to  attach  his  official  title  to  his 
signature,  will  not  affect  the  instrument  so  far  as  the  district  is  concerned  ; 
provided,  the  contract  was  autliorized,  and  made  for  the  district,  and  this 
fact  can  be  shown. 

(6).  A  member  of  a  board  of  education  cannot  draw  wages  or  pay  as 
superintendent  of  schools  or  of  buildings,  as  teacher  or  janitor,  as  contrac- 
tor for  fuel,  for  drawing  fuel,  or  for  any  other  service  to  the  district  in  which 
he  is  serving  as  such  member,  except  for  services  as  clerk  or  treasurer.  Nor 
can  a  local  director  draw  pay  for  any  such  service  in  his  sub-district,  if  he 
is  a  member  of  the  township  board,  or  if  the  service  is  such  as  the  board  of 
education  or  the  statute  has  authorized  the  local  board  to  contract  for. 


SCHOOL   OFFICERS     GUIDE.  55 

Provisions  Applying  to  all  Boards.  Ch.  7. 

Sec.  3976.     The  process  in  all  suits  against  a  board  of  edu-  ^'oarJjy^ aud^"*^*^ 
cation  shall  be  by  summons,  and  shall  be  served  by  leaving  a  ^^"^^  served. 
copy  thereof  with  the  clerk  or  president  of  the  board.     [70  v. 
195,  §  68.] 

Sec.  3977.    The  prosecuting  attorney  of  the  proper  county,  proseeutiug 
or,  in  case  of  a  city  district,  the  city  solicitor,  shall  prosecute  act  as  counsel 
all  actions  which,  by  this  title,  may  be  brought  against  any  board. 
member  or  officer  of  a  school  board  in  his  individual  capacity, 
and  shall  act  in  his  official  capacity  as  the  legal  counsel  of 
such  boards  or  officers  in  all  civil  actions  brought  by  or  against 
them  in  their  corporate  or  official  capacity  ;  but  no  prosecu- 
ting attorney  or  city  solicitor  shall  be  a  member  of  the  board 

(c).     There  is,  perhaps,  no  reason  why  a  local  director  who  is  not  a    Local  director 
member  of  the  township  board  of  education  may  not  teach,  or  furnish  fuel,    i^/'i^the^Mib-'^^ 
or  the  like,  in  a  sub-district  in  which  he  is  not  a  local  director.     The  prin-    districts, 
ciples  of  law  without  this  statute  would  decide  that  a  party  cannot  be  on 
both  sides  of  a  contract.     27  O.  S.,  159  and  195;  Parsons  on  Contracts,  vol. 
1,  p.  86;  Pollock's  Principles  of  Contract,  p.  253. 

(d).     School  property  should  be  insured,  but  not  in  a  company  repre-    Insxirance  of 
sented  by  a  member  of  the  board.     See  section  6969,  R.  S.     The  Attorney-    orty.°  ^^°^ 
General  concurs  in  this  opinion ;  see  opinions  of  Attorney-General,  vol. 
F,  36. 

(e).     Sec.  6975,  R.  S.   "A  member  of  a  board  of  education  organized 

under  any  law  of  this  state,  who  accepts  or  receives  any  compensation  for    Accepting  pay 

his  services  as  such  member,  except  as  clerk  or  treasurer  of  said  board,  shall    ^^  embezzle- 

mcnt 
be  deemed  guilty  of  embezzlement  of  the  amount  so  received,  and  punished 

accordingly." 

Sec.  3976  (a).     The  want  of  notice  is  waived  by  the  voluntary  appear-    i^-Qtice 
ance  of  the  party  for  any  purpose  directly  connected  with  the  cause. 

(b).     The  legality  of  the  election  of  members  of  the  school  board  is  not 
a  subject  of  inquiry  in  a  suit  to  enforce  payment  of  money  due.    45  Mo.,  294. 

(c).     Title  to  office  cannot  be  questioned  collaterally,  but  must  be  done    when  and  liow 
in  a  direct  proceeding  by  quo  warranto,  in  one  of  the  tribunals  provided  by    title  to  office 
law  for  hearing  and  determining  all  questions  pertaining  to  elections.     44    tioned. 
Mo.,  154. 

(cZ).     In  the  absence  of  restriction,  express  or  implied,  the  school  board 
has  authority  to  employ  an  attorney  to  conduct  suits  to  which  the  district   Employment 
is  a  party,  and  it  is  bound  to  pay  for  his  services.     30  Vermont,  285.     See    and  how  paid. 
the  next  section. 

Sec.  3977  (a).     The  following  opinion  was  rendered  by  Attorney-Gen-    rrosecutingat- 

eral  Nash,  November  4,  1881 :  to™ey  is  attor- 

'  ney  for  boards 

"Section  3977  of  the  Revised  Statutes  provides  that  the  proscuting  at-    of  education. 

torney  of  a  county  shall  be  the  attorney  for  the  school  boards  within  his 

county,  except  in  city  districts,  and  sets  forth  what  duties  he  shall  perform 

in  this  regard.     This  service  is  made  one  of  the  duties  of  the  prosecuting 


56 


OHIO    SCHOOL    LAWS. 


Ch.  7. 


Provisions  Applying  to  all  Boards. 


Tie  votes  to  be 
decided  by  lot 


of  education;  provided,  that  in  counties  haviug  a  county  so- 
licitor such  officer  shall  prosecute  all  actions  which  may  be 
brought  against  any  member  or  officer  of  a  school  board  in 
his  individual  capacity,  and  shiU  do  and  perform  all  the 
dutiesherein  required  of  the  prosecuting  attorneyas  to  schools, 
school  boards,  and  officers  of  schools  in  the  county,  outside  of 
said  city;  but  for  such  service  he  shall  receive  no  additional 
compensation.     [70  v.  195,  §  69  ;  79  v.  26  ] 

Sec.  3978.  In  all  cases  of  tie  votes,  at  an  election  for 
members  of  a  board  of  education,  or  of  directors  of  a  sub-dis- 
trict, the  judges  of  election  shall  decide  the  election  by  lot; 


When  another 
attorney  may 
Ik.-  employed. 


Authority  for 
paying  attor- 
ney fees. 


Additional 
compensation. 


Additional 
duties. 


Effect  of  fail- 
ure to  cast 
lots. 


Of  failure  to 
sign  poll-books 
before  separat- 
ing. 


Omissions  and 
mLstakes  may 
be  corrected. 


attorney  which  he  is  bound  to  render  under  his  salary,  as  no  express  pro- 
vision is  made  for  the  payment  of  such  services. 

"  It  frequently  happens  that  the  prosecuting  attorney,  on  account  of  his 
numerous  other  duties,  is  wholly  unable  to  perform  the  service  required  by 
this  section,  and  it  sometimes  happens  that  cases  arise  which  require  that 
the  prosecuting  attorney  should  have  assistance  in  them.  In  such  cases  as 
these,  the  question — 'Have  boards  of  education  the  right  to  employ  and 
pay  counsel,  or,  in  short,  have  such  boards  the  right  and  authority  to  pay 
attorney  fees  in  defending  or  prosecuting  cases  in  which  they  are  parties?' 
becomes  important. 

''  Under  such  circumstances  as  I  have  indicated  above,  I  answer  the 
question  in  the  affirmative,  and  for  this  answer  I  rely  on  section  3971  of  the 
Revised  Statutes.  This  section  makes  boards  of  education  bodies  politic 
and  corporate,  and  vests  them  with  the  power  of  suing  and  being  sued.  I 
think  that  the  law  which  authorizes  these  boards  to  sue  and  be  sued,  by  im- 
plication confers  upon  them  authority  to  do  all  things  that  are  necessary  to 
prosecute  successfully  or  defend  a  suit."  Opinions  Attorney-General,  vol. 
F,  145. 

(6).  Public  officers  for  whom  pay  is  provided  by  statute,  will  not  be 
allowed  compensation  for  extra  work,  unless  this  is  specially  authorized  by 
statute.     9  Neb.,  85 ;  X  Central  L.  J.,  299. 

(c).  The  prosecuting  attorney  is  required  to  proseciite  for  injuries  to 
timber  on  school  lands.     Section  1279,  R.  S. 

Sec.  3978  (a).  In  case  tlie  judges  fail  so  to  decide,  the  board  mnst  ap- 
point, or  in  case  of  a  local  director,  a  new  election  must  be  had.  This  "  lot," 
like  all  other  matters  required  of  the  judges  of  elections,  must  be  })erfected, 
their  decision  made,  and  the  certificate  of  such  action  signed  before  the  judges 
separate.  "  When  such  board  has  once  dissolved,  its  officers  are  fundi  officio, 
and  can  no  longer  perform  official  acts  relating  to  tlie  election,  not  even  to 
the  signing  of  returns."    21  O.  S.,'216. 

But  in  case  such  judges  fail  to  sign  poll-books,  tally-sheets  [and  certifi- 
cates such  as  above  referred  to]  to  fill  up  blanks  in  a  caption,  or  to  carry  out 
the  aggregate  of  the  votes,  such  omissions  and  mistakes  may  be  corrected, 
on  the  trial  of  a  contest,  by  parol  evidence,  and  when  so  corrected,  the  doc- 


SCHOOL    OFFICERS     GUIDE. 


57 


IPOP^^'  Provisions  Applying  to  all  Boards. 


Ch.  7. 


and  in  other  cases  of  failure  to  elect  members  of  the  board, 
or  in  case  of  a  refusal  to  serve,  the  board  shall  appoint.  [70 
V.  195,  §  43.] 

Sec.  8979.     Each  person  elected  or  appointed  a  member  bers  and  other 
of  a  board  of  education,  or  elected  or  appointed  to  any  other 
office  under  this  title,  shall,  before  entering  upon  the  duties 


umenls  sustained  by  parol  proof,  are  competent  evidence  of  the  result  of 
the  election.     IG  O.  S  ,  184. 

(6).  In  case  of  trustees,  collectors,  and  the  like,  general  reputation 
of  their  being  such  officers,  and  proof  of  their  acting  as  such,  is  prima  facie 
sufficient,  without  producing  evidence  of  their  election,  especially  where 
there  is  evidence  of  their  acting  under  color  of  election.  7  Wendell's 
Rep.,  341. 

(c).  An  individual  coming  into  office  by  color  of  election  or  appoint- 
ment, is  an  officer  de  facto,  and  his  acts  in  relation  to  the  public,  or  to  third 
persons,  are  valid  until  he  is  removed^  although  it  be,  [in  the  end],  conceded 
that  his  election  or  appointment  was  illegal.    5  Wendell's  Rep.,  170. 

Sec.  3979  (a).  But  a  person  so  elected  may  appear  before  any  person 
authorized  by  law  to  administer  an  oath,  and  may  take  his  oath  of  office. 
This  should  be  done  in  case  the  member  elect  is,  for  any  reason,  unable  to 
attend  the  meeting  for  organization.  The  certificate  of  the  officer  adminis- 
tering the  oath  should  be  sent  to  the  board  and  copied  in  the  records,  to 
obviate  all  questions.  For  the  same  reason,  a  record  should  be  made  of  the 
oath  administered  to  each  member. 

(6).  Officers  who  have  sworn  to  perform  official  duties  may  be  com- 
pelled to  perform  them  by  writ  of  mandamus.  This  writ  issues  from  the 
supreme,  district,  or  common  pleas  court.  R.  S.,  section  6742,  as  amended 
1880. 

They  may  also  be  restrained  from  doing  illegal  acts  under  color  of  au- 
thority as  officers,  by  writ  of  injunction.  This  writ  issues  from  the  supreme 
or  common  pleas  court,  or  a  judge  of  either;  or  from  the  probate  court,  in 
case  none  of  the  above  named  judges  are  in  the  county.     R.  S.,  section  5573. 

(c).  But  to  boards  of  education  is  left  large  discretion  as  to  the  man- 
ner of  performing  their  official  duties,  and  courts  will  not  interfere  with 
this  discretion.     23  O.  S.,  211. 

[d).  Officers  required  by  law  to  exercise  their  judgments,  are  not 
answerable  for  mistakes  of  law  or  mere  errors  of  judgment,  where  there  is 
neither  fraud  nor  malice.     Jenkins  v.  Waldron,  11  Johnson's  Rep.,  114. 

(e).  An  officer  acting  within  the  scope  of  his  authority  is  only  respon- 
sible for  an  injury  resulting  from  a  corrupt  motive.     17  Ohio,  402. 

(/■)  A  public  officer  who  is  required  by  law  to  act  in  certain  cases,  ac- 
cording to  his  judgment  or  opinion,  and  subject  to  penalties  for  his  neglect, 
is  not  liable  to  a  party  for  an  omission  arising  from  a  mistake  or  want  of 
skill,  if  acting  in  (food  faith.     Seamen  v.  Patten,  2d  Caine's  Rep.,  312. 

(g).  But  an  officer  entrusted  by  the  common  law  or  by  statute  is  liable 
to  an  action  for  necjUgence  in  the  performance  of  his  trust,  or  for  fraud  or 
neglect  in  the  execution  of  his  office.     Jenner  v.  JoliflTe,  9  John.  Rep.,  381. 


What  evidence 
of  official  char- 
acter is   re- 
quired in  cer- 
tain cases. 


Of  officers  de 
facto. 


May  be  taken 
before  any  offi- 
cer authorized 
to  administer 
oaths. 


Mandamus  to 
compel  officers 
to  act. 


Injunction  to 
restrain  them 
from  acting. 


Not  liaWe  for 
honest  mis- 
takes. 


Liable  for  will- 
ful neglect. 


58 


OHIO   SCHOOL   LAWS. 


Ch.  7. 


Provisions  Applying  to  all  Boards. 


Organization ; 
selection  of  of- 
ficers. 


Vacancies  in 
board, and  how 
filled. 


of  bis  office,  take  an  oath  or  affirmation  to  support  the  con.sti- 
tution  of  the  United  States  and  the  constitution  of  the  state 
of  Ohio,  and  that  he  will  perform  faithfully  the  duties  of  his 
office;  which  oath  or  affirmation  may  be  administered  by  the 
clerk  or  any  member  of  the  board.     [71  v.  15,  §  42.] 

Sec.  3080.  Each  board  of  education  shall  organize  by 
choosing  one  of  its  members  president,  and,  except  township 
boards,  by  choosing  also  a  clerk,  who  may  or  may  not  be  a 
member  of  the  board  ;  if  at  the  organization  of  a  township 
board  the  township  clerk  is  absent,  the  board  shall  appoint 
one  of  its  members  clerk  pro  tempore;  each  board  of  educa- 
tion, however,  as  chosen  under  the  provisions  of  section  3899, 
shall  further,  at  its  first  regular  meeting  after  its  annual  or- 
ganization, choose  or  appoint  an  auditor,  who  shall  not  be  a 
member  of  the  board,  and  who  shall  receive  such  compensa- 
tion and  perform  such  duties  as  the  board  may  provide  for 
and  determine ;  and  such  organization  shall  be  effected  on 
the  third  Monday  of  April  of  each  year,  except  as  otherwise 
provided  in  section  thirty-nine  hundred  and  fourteen.  [70  v. 
195,  §  29  ;  70  v.  241,  §  44 ;  84  v.  212.] 

Sec.  3981.  Vacancies  in  any  board  of  education,  except 
of  a  township  district,  arising  from  death,  non-residence,  rfs- 
ignation,  expulsion  for  gross  neglect  of  duty,  failure  of  a  per- 
son elected  or  appointed  to  qualify  within  ten  days  after  the 
annual  organization  or  after  his  appointment,  or  from  other 
cause,  which  occur  more  than  fifteen  days  before  the  next 


When  board 
may  organize. 


President  enti- 
tled to  vote. 


Resignation,  to 
whom  made. 


{h).  The  performance  of  any  act  prohibited  by  statute,  or  any  willful 
neglect  of  duty,  and  for  which  no  penalty  is  provided  by  enactment,  is  a 
misdemeanor. 

Sec.  3980  (a).  For  the  number  of  votes  necessary  in  the  election  of 
officers  of  the  board,  see  section  3982. 

(6).  If  the  board  of  education,  for  any  reason,  fails  to  organize  on  the 
day  named  in  the  law,  they  may  organize  on  a  subsequent  day.  For  want 
of  a  quorum  a  minority  may  adjourn  from  day  to  day.  See  note  to  section 
3958. 

(c).  The  president  has  the  right  to  vote  on  all  questions  coming  before 
the  board.     If  by  such  vote  a  tie  is  produced,  the  motion  is  lost. 

Sec.  3981  (o).  Temporary  absence  from  home  will  not  vacate  an  office ; 
but  if  such  absence  creates  embarrassment  the  holder  ought  to  resign. 

(6).  The  resignation  of  a  district  or  sub-district  officer  must  be  made 
to  the  other  members  of  the  district  or  sub-district  board,  or  to  one  of  them, 
and  should  be  in  writing. 


SCHOOL    OFFICERS     GUIDE 


59 


Provisions  Applying  to  all  Boards. 


annual  election,  the  board  shall  fill  without  delay  until  the 
next  annual  election,  when  a  successor  shall  be  elected  to  fill 
the  unexpired  term  ;  any  vacancy  which  occurs  in  a  township 
board,  from  any  of  the  causes  aforesaid,  shall  be  filled  by  the 
election  of  a  clerk  by  the  directors  of  the  proper  sub  district ; 
and  a  clerk  of  a  sub  district  who  is  guilty  of  gross  negbct  of 


Ch.  7. 


A  person  claiming  to  be  a  legal  officer,  and  in  possession,  cannot  be 
voted  out  by  the  board,  but  should  be  proceeded  against  by  a  writ  of  quo 
warranto.     Section  6760,  E.  S. 

(c).  The  section  provides  that  the  vacancy  shall  he  filled  without  delay. 
Hence,  if  any  other  business  is  attempted  to  be  performed  before  the  filling 
of  such  vacancy,  a  point  of  order  should  be  raised  under  tlxis  clause  of  the 
section.  The  law  here  provides  that  no  vacancy  need  exist  when  a  vote  is 
to  be  taken,  hence  no  item  of  business  enumerated  in  section  3982  can  be 
transacted  which  does  not  receive  the  votes  of  a  majority  of  all  the  mem- 
bers constituting  a  full  board. 

To  elect  an  officer  of  the  board  requires  a  majority  of  all  the  members 
composing  the  board  of  education,  by  law,  in  the  given  district.  See  section 
3982.  But  though  a  member  holding  an  ofiice  may  die,  the  election  of  a 
member  to  fill  the  vacancy  is  not  the  election  of  an  officer.  The  election  of 
the  member,  not  being  in  the  list  of  acts  requiring  such  full  majority  vote, 
may  be  efl'ected  by  a  majority  of  a  quorum. 

(d).  An  officer  elected  for  three  years  continues  for  three  years,  and 
until  his  successor  is  elected  and  qualified.    23  Vermont,  416. 

(e).  The  officer,  once  qualified,  continues  in  the  responsibilities  of  his 
office  until  his  successor  is  qualified.  There  can  be  no  successor  until  alter 
such  qualification  takes  place.     22  Pick.,  122  ;  4  Ky.,  433. 

(/).  An  officer  may  resign,  but  he  remains  in  his  office  subject  to  all 
its  responsibilities,  until  his  resignation  is  accepted.  It  is  generally  sup- 
posed that  an  office  is  held  at  the  will  of  either  party.  It  is  held  at  the 
will  of  both.  Resignations  are  so  generally  accepted  that,  with  respect  to 
lucrative  offices,  it  has  grown  into  a  common  notion  that  to  resign  is  a  matter 
of  right.  But  it  is  otherwise.  The  public  has  a  right  to  the  services  of  all 
citizens,  and  may  demand  them  in  all  civil  departments  as  well  as  in  the 
military.     Hoke  t).  Henderson,  4  Devereux,  N.  C,  1. 

{(j).  The  following  case  goes  stUl  further,  holding  a  resigning  officer 
to  his  responsibilities  and  duties  until  his  successor  is  elected  or  appointed 
and  qualified : 

"  Tennessee  constitution,  article  7,  section  5,  provides  that  '  every  officer 
shall  hold  his  office  until  his  successor  is  elected  or  appointed  and  quali- 
fied.' Held,  that  this  applies  to  a  resigning  officer,  who  must  continue  in 
the  discharge  of  his  duties  until  his  successor  is  elected  or  ai)pointed  and 
qualified ;  that  the  officer  remains  under  an  obligation  to  obey  a  writ  of 
mandamus  notwithstanding  his  resignation,  and  is  guilty  of  contempt  if  he 
fails  to  comply  with  the  writ,  and  the  obligation  passes  to  his  successor 
when  qualified."  Watts  v.  Lauderdale  Co.,  14  Central  Law  Journal,  210 
U.  S.  Circuit  Court,  Dist.  West  Tenn, 


Filling  vac'iioy 
first  business. 


Number  of 
votes  required 
to  appoint  a 
member. 


How  long 
members  elect- 
ed serve. 


OlHcer  respon- 
sible till  resig- 
nation, accept- 
ed. 


And  until  his 
successor  is 
qualified. 


6o 


OHIO    SCHOOL    LAWS. 


Ch.  7. 


Provisions  Applying  to  all  Boards. 


Quorum :  yeas 
iuid  ntiys  to  be 
til  ken  in  cer- 
tain cases. 


duty  shall  cease  to  hold  his  office,  and  a  new  election  shall  be 
held  by  the  directors  to  fill  such  office.     [70  v.  195,  §  43.] 

Sec.  3982.  A  majority  of  the  board  of  education  shall 
constitute  a  quorum  for  the  transaction  of  business;  upon  a 
motion  to  adopt  a  resolution  authorizing  the  purchase  or  sale 
of  property,  either  real  or  personal,  or  to  employ  a  superinten- 


If  all  the  mem- 
bers are  dis- 
qualifled, 
what? 


Township 
clerk's  name 
not  called. 


A  majority  of  a 
quorum,  when 
Hulficient. 


Power  cannot 
be  delegated. 


Manner  of  con- 
tracting. 


This  section 
mandatory. 


Buying  maps, 
etc.,  out<ide  of 
board  meet- 
ings. 


(i).  Acceptance  by  a  corporation  is,  at  common  law,  necessary  to  a 
consummation  of  the  resignation,  and,  until  acceptance  by  proper  authority, 
the  tender  is  revocable.  The  right  to  accept  a  resignation  is  a  power  inci- 
dental to  every  corporation,  also  to  any  power  of  appointment.  DiJlon  on 
Municipal  Corporations,  283. 

(;').  In  case  a  board  should  really  lose  all  of  its  members,  the  county 
commissioners  must  keep  up  the  school.  As  they  may  do  all  that  a  board 
could  do,  they  may  appoint  a  new  board,  or  members  enough  to  proceed 
with  the  appointments  to  the  completion  of  a  new  board. 

Sec.  3982  (a).  It  is  presumed  that  the  name  of  the  township  clerk  need 
not  be  called,  as  he  does  not  vote.  It  is  evident  that  a  majority  of  all  the 
voting  members  of  the  township  board  will  carry  a  measure.  See  section 
3915.  In  all  cases  except  those  which  are  declared  to  require  a  majority  of 
all  the  members  composing  the  board,  a  majority  of  a  quorum  is  sufficient 
to  pass  a  measure,  and  the  roll  need  not  be  called  unless  demanded  by  a 
member  of  the  board.  In  case  a  vacancy  occurs  in  the  board,  see  note  on 
section  3981. 

(b)  No  member  of  a  board  can  delegate  his  power  to  act  to  another 
person,  either  a  member  of  the  board  or  otherwise.  It  is  said  that  this  is 
sometimes  done.  But  acts  depending  on  such  delegated  votes  are  void.  For 
heavy  penalty  attached  to  such  assumption  of  official  duty,  see  R.  S.,  sec- 
tion 6913. 

(c).  Bespecting  the  mode  in  which  contracts  by  corporations  shall  be 
made,  it  is  important  to  observe  that  when  the  mode  of  contracting  is  specially 
and  plainly  prescribed  and  limited,  that  mode  is  exclusive,  and  must  be  pursued, 
or  the  contract  will  not  bind  the  corporation;  but  the  courts  have  some- 
times regarded  provisions  on  this  subject  as  directory.  Dillon  on  Munici- 
pal Corporations,  465. 

Tliere  is  no  room  to  doubt  that  the  requirements  of  this  section  are 
mandatory,  and  that  they  absolutely  forbid  the  transaction  of  these  enu- 
merated items  of  business  in  any  other  way  than  that  prescribed  in  this 
section. 

To  make  any  one  of  these  contracts  in  any  other  mode  than  that  pre- 
scribed, is  to  act  ultra  vires. 

(d)  An  agreement  by  members  of  a  township  board  of  education, 
acting  in  their  individual  capacity,  to  purchase  from  another  person  appa- 
ratus for  the  schools  of  the  township,  and  to  ratify  such  contract  of  pur- 
chase at  the  next  meeting  of  the  board,  is  contrary  to  public  policy,  and 
is,  therefore,  illegal  and  void,  and  not  enforceable,  either  against  the  board 
or  members  thereof  as  individuals.     McCortle  v.  Bates,  29  O.  S.,  419. 

Boynton,  J.,  also  said :  "  Such  defenses  as  would  have  been  allowed. 


SCHOOL   officers'    GUIDE.  6 1 


Provisions  Applying  to  all  Boards.  Ch. 


dent,  teacher,  janitor,  or  other  employe,  or  to  elect  or  appoint 
an  officer,  or  to  pay  any  debt  or  claim,  or  to  adopt  any  text- 
book, the  clerk  of  the  board  shall  call,  publicly,  the  roll  of 
all  the  members  composing  the  board,  and  enter  on  the  record 
required  to  be  kept  the  names  of  those  voting  "  aye,"  and  thj 
names  of  those  voting  *'  no;"  if  a  majority  of  all  the  mem- 
bers of  the  board  vote  "  aye,"  the  president  shall  declare  tlie 
motion  carried ;  and  upon  any  motion  or  resolution  any  mem- 
ber of  the  board  may  demand  the  yeas  and  nays,  and  there- 
upon the  clerk  bhall  call  the  roll,  and  record  the  names  of 
those  voting  "  aye"  and  those  voting  "  no."     [71  v.  15,  §  42.] 

Sec.  3'J83.     If,  at  any  meeting  of  the  board,  either  the   Absence  of 
president  or  the  clerk  is  absent,  the  members  present  shall  okrk.°" 

had  the  map  vendor  retained  the  claim  and  brciight  suit  upon  it  himself, 
are  now  admissible  against  the  plaintiff.  Assuming,  without  deciding,  that, 
by  the  understanding  of  the  parties  to  the  agreement,  the  defendants  incurred 
personal  liability,  it  was  quite  clear  that  there  was  no  error  in  the  action  of 
the  common  pleas  in  sustaining  the  demurrer  and  dismissing  the  petition. 
-:•;•  *  j^i^Q  state  requires  the  clerk  to  record,  in  a  book  to  be  provided  for 
that  purpose,  all  the  official  proceedings.  *  *  *  Clothed  with  such 
powers  and  charged  with  such  duties  and  responsibilities,  it  will  not  be  per- 
mitted to  such  boards  of^education  to  make  any  agreement  among  them- 
selves, or  with  others,  by  which  their  public  action  is  to  be,  or  may  be  re- 
strained or  embarrassed,  or  its  freedom  in  any  wise  affected  or  impaired. 
The  public,  for  whom  they  act,  have  the  right  to  their  best  judgment  after 
free  and  full  discussion  and  consnltation  among  themselves  of  and  upon 
the  public  matters  entrusted  to  them,  in  the  session  provided  for  by  statute. 
•■•■  The  court  will  not  enter  on'  the  inquiry  whether  such  contract 
would,  or  would  not,  in  a  given  case,  be  injurious  in  its  consequences,  if  en- 
forced. It  being  against  the  public  interest  to  enforce  it,  the  law  refuses  to 
recognize  its  claim  to  validity." 

(e)     A  board  of  education  is  a  body  corporate,  and  the  contracting  of 

Contr'ct  siiTiiGu 
a  debt  by  the  board,  and  the  directing  the  issuance  of  an  order  to  pay  it,    by  members 

are  corporate  acts  which  cannot  be  performed  by  the  individual  members    binding!^^  "°^ 

of  the  board  separately;  and,  therefore,  a  contract  which  was  signed  by 

the  members  of  the  board  separately,  and  delivered   to   the   clerks,  and 

which  was  afterward,  at  a  subsequent  meeting,  repudiated  by  the  board, 

was  held  not  to  be  binding  upon  either  party.     State  v.  Liberty  Tp.,  22 

O.S.,  144. 

(/).     The  order  of  the  clerk  on  the  treasurer  is  not  negotiable,  and  the 
written  acceptance  of  an  order  by  a  treasurer  who  has  gone  out  of  office    urer  no"  nc|o- 
imposes  no  greater  obligation  on  the  treasurer  to  pay  than  if  it  had  been    tiable. 
presented  without  such  indorsement.     lb. 

(g).     To  rescind  action  requiring  such  full  majority  of  the  board  as 
this  section  calls  for,  or  requiring  a  full  two-thirds  vote,  of  course  requires    y"*^  required 
a  like  vote. 


62 


OHIO    SCHOOL    LAWS. 


Ch.  7. 


Provisions  Applying  to  all  Boards. 


Record  of  pro- 
ofed in  gs  and 
lUtestalion 
thereof. 


Hoards  to  make 
rules  and  regu- 
lations for 
pupils,  etc. 


Illegal  meet- 
ings. 


choose  one  of  their  niimbtr  to  serve  in  l.is  place  pro  tempore; 
and  if  both  are  absent,  both  places  shall  be  so  filled ;  but  on 
the  appearance  of  either  at  the  meeting,  after  his  place  has 
been  so  filled,  he  shall  immediately  assume  the  duties  of  his 
office.     [70  V.  195,  §  31.] 

Sec.  398 1.  The  clerk  of  the  board  shall  record  the  pro- 
ceedings of  each  meeting,  in  a  book  to  be  provided  by  the 
board  for  that  purpose,  which  shall  be  a  public  record  ;  the 
record  of  proceedings  at  each  meeting  of  the  board  shall  be 
read  at  its  next  meeting,  corrected  if  necessary,'  and  ap- 
proved, and  the  approval  shall  be  noted  in  the  proceedings; 
and  after  such  approval  the  president  shall  sign  the  record, 
and  the  clerk  shall  attest  the  same.  [70  v.  195,  §  29;  71  v. 
15,  §  42.] 

Sec.  8985.  The  board  of  each  district  shall  make  such 
rules  and  regulations  as  it  may  deem  expedient  and  necessary 
for  its  government,  and  the  government  of  its  appointees  and 
the  pupils;  and  no  meeting  of  a  board  of  education  not  pro- 
vided for  by  its  rules,  or  by  law,  shall  be  legal  unless  all  the 
members  thereof  have  been  notified  as  provided  in  section 
thirty-nine  hundred  and  twenty.     [70  v.  195,  §  54.] 


Board  speaks 
only  through 
its  record.    . 


Records  of 
special  meet- 
ings. 


Parol  evidence 
as  to  records, 
etc. 


Sec.  3984  (a)  A  board  of  education  can  speak  only  through  its  rec- 
ords, and  these  must  accordingly  be  complete,  showing  just  what  the  board 
did,  and  no  more.  A  motion  made  by  a  member,  seconded  by  another  mem- 
ber, stated  by  the  president,  and  voted  on  by  the  board,  is  business,  and  is 
to  be  recorded,  though  not  a  single  member  voted  for  it.  Any  vote  upon  it, 
as  to  refer,  to  postpone,  or  to  lay  upon  the  table,  is  action  and  should  be 
recorded.  If  the  board  adjourn  pending  the  consideration  of  the  motion, 
the  motion  should  be  recorded.  If  the  mover  withdraws  the  motion,  by 
consent  of  the  board,  by  general  consent  it  may  also  be  omitted  from  the 
records. 

(6).  The  records  of  a  special  meeting  should  state  by  whom  the  meeting 
was  called,  and  the  objects  mentioned  in  the  notice,  as  the  legality  of  the 
proceedings  depends  on  the  legality  of  the  call  and  the  conformity  ot  the 
proceedings  with  the  objects  stated  in  the  notice. 

(c).  If  a  record  is  inadequately  entered,  parol  evidence  may,  it  seems, 
be  admitted  to  show  that  action  was  taken  which  is  not  found  on  the  records 
at  all.  The  commissioner  of  schools  of  Khode  IsLand,  decided  under  in- 
struction of  Judge  Brayton,  of  the  supreme  court,  that  "  imperfection  in  a 
clerk's  record  of  a  resolution  does  not  render  invalid  a  tax  properly  voted." 
Yet  all  these  imperfections  in  the  record  lead  to  troublesome  litigation, 
often  to  questions  which  only  courts  of  law  can  decide,  and  in  which  their 
decision  may  be  such  as  to  defeat  what  was  attempted  to  be  done  in  the  case. 


SCHOOL   OFFICERS     GUIDE. 


Provisions  Applying  to  all  Boards.  Ch. 


Sec.  39SG.     The   board  of  each  district  may  make  and  f^'uonu.make 

enforce  such  rules  and  regulations  to  secure  the  vaccination  ru{[,"f!Jr  viio- 

of,  and  to  prevent  the  spread,  of  small-pox  among  the  pupils  ""**^'o"- 
attending  or  eligible  to  attend  the  schools  of  the  district,  as 

(d).  School  districts  are  required  by  law  to  keep  an  account  of  their 
proceedings  by  a  sworn  clerk,  and  such  proceedings  can  be  proved  only  by 
the  record,  or  a  copy  thereof  duly  authenticated.     38  Maine,  1G4.  Power  to 

(e).  The  power  to  amend  the  records  exists  with  the  clerk  while  he  is 
in  otfice,  but  not  after  his  term  expires,  nor  for  any  purpose  other  than  to 
make  them  truthful  and  complete  as  to  fact.     11  Mass.,  477;  17  Maine,  444. 

(/).  Records  of  quasi  corporations  are  not  considered  of  that  absolute 
verity  that  parol  testimony  is  inadmissible  to  show  facts  upon  which  the 
record  is  silent.     5  Ohio,  136. 

Sec.  3985  (a).  A  court  may  review  the  action  of  a  board  and  pass  upon 
the  reasonableness  of  any  of  its  rules,  but  if  they  have  erred,  while  dis- 
charging their  duty  in  good  faith,  they  are  not  liable  to  action  therefor.  32 
Vermont,  224. 

(6).  The  act  of  the  board  of  education  and  the  teachers,  in  matters  of 
organizing,  grading,  and  governing  the  school,  will  be  conclusive,  unless 
the  power  is  abused  or  perverted  under  some  apparently  reasonable  pre- 
tense.    23  Pick.,  2L4 ;  2  Gushing,  V  8. 

*(c).  It  is  competent  for  boards  of  directors  to  provide  rules  that  pupils 
may  be  suspended  from  the  schools  in  case  they  shall  be  absent  or  tardy, 
except  for  sickness  or  other  unavoidable  cause,  a  certain  number  of  times 
within  a  fixed  period.     31  la.,  562. 

*(d).  "In  the  school-room  the  teacher  has  the  exclusive  control  and 
supervision  of  his  pupils,  subject  only  to  such  regulations  and  directions  as 
may  be  prescribed  or  given  by  the  school  board."  Barden,  School  Law, 
p.  79. 

"The  conduct  of  the  pupils  upon  any  part  of  the  premises  connected 
with  the  school-house  or  in  the  immediate  vicinity  of  the  same  (the  pupils 
being  thus  virtually  under  the  care  of  the  teacher),  whether  Avithin  the 
regular  school  hours  or  before  or  after  them,  is  properly  cognizable  by  the 
teacher.  And  any  disturbance  made  by  them  within  this  range  injuriously 
affecting  in  any  way  the  interests  of  the  school,  may  clearly  be  the  subject 
of  reproof  and  correction  by  the  teacher."     Idem.  The  right  to 

(e).  Eathaway  v.  Rice,  19,  Vt.  108.  "The  right  of  a  school-master  to  porlf  pu°nish- 
correct  his  scholars  has  always  been  practically  and  judicially  sanctioned  °^^"''- 
but  the  chastisement  must  not  exceed  the  limits  of  moderate  correction  • 
and  though  courts  are  bound,  with  a  view  to  the  maintenance  of  necessary 
order  and  decorum  in  schools,  to  look  with  all  reasonable  indulgence  upon 
the  exercise  of  this  right,  yet,  whenever  the  correction  shall  appear  to  have 
been  clearly  excessive  and  cruel,  it  must  be  adjudged  illegal." 

Cooper  V.  MeJunhin,  4  Ind.  290.  "  A  teacher,  in  the  exercise  of  the 
power  of  corporal  punishment,  must  not  make  such  power  a  pretext  for 
cruelty  and  oppression ;  but  the  cause  must  be  sufficient,  the  instrument 
suitable,  and  the  manner  and  extent  of  the  correction,  the  part  of  the 
person  to  which  it  is  applied,  and  the  temper  in  which  it  is  inflicted,  should 


64 


OHIO    SCHOOL    LAWS. 


Ch.  7. 


Provisions  Applying  to  all  Boards. 


If  excessive. 


Responsible 
only  for  na- 
tural and  ordi- 
narj-  conse- 
quences. 


be  distinguished  with  the  kindness,  prudence,  and  propriety  which  become 
the  station." 

"  Reeves'  DoineMic  Relations"  page  534.  "  The  school-master  has  a  right 
to  give  moderate  corporal  correction  to  his  pupils  for  disobedience  to  his 
lawful  commands,  negligence,  or  for  insolent  conduct.  A  .school-master,  in 
his  own  r)(jh(,  and  not  by  delegation,  possesses  this  power." 

Stale  V.  Pendcrgrass,  2  Devereavx  <fc  Rattles,  365.  "The  law  confides  to 
school-masters  and  teachers  a  discretionary  power  in  the  infliction  of 
corporal  punishment  upon  their  pupils,  and  will  not  hold  them  responsible 
criminally,  unless  the  punishment  be  such  as  to  occasion  permanent  injury 
to  the  child,  or  be  inflicted  merely  to  gratify  their  own  evil  passions."  In 
passing  this  topic,  the  language  of  Judge  Gaston  seems  peculiarly  ap- 
propriate: "It  is  not  easy  to  state  with  precision  the  power  which  the  law 
grants  to  school-masters  and  teachers,  with  respect  to  the  correction  of 
their  pupils.  It  is  analogous  to  that  which  belongs  to  parents,  and  the 
authority  of  the  teacher  is  regarded  as  a  delegation  of  parental  authority. 
One  of  the  most  sacred  duties  of  parents  is  to  raise  up  and  qualify  their 
children  for  becoming  useful  and  virtuous  members  of  society;  this  duty 
cannot  be  effectually  performed  without  the  ability  to  command  obedience, 
to  control  stubbornness,  to  quicken  diligence,  and  to  reform  bad 'habits; 
and  to  enable  him  to  exercise  their  salutary  sway,  he  is  armed  with  the 
power  to  administer  moderate  correction,  when  he  shall  believe  it  to  be  just 
and  necessary." 

A  school-master  is  not  relieved  from  liability  in  damages  for  ihe 
punishment  of  a  scholar  which  is  clearly  excessive  and  unnecessary,  by  the 
fact  that  he  acted  in  good  faith  and  without  malice,  honestly  thinking  that 
the  punishment  was  necessary,  both  for  the  discipline  of  the  school  and  the 
welfare  of  the  scholar. 

If  there  is  any  reasonable  doubt  whether  the  punishment  was  excessive, 
the  teacher  should  have  the  benefit  of  the  doubt.  Lander  v.  Seaver,  32  Vt. 
R.  123;  Wharton's  American  Crim.  Law,  1259,  and  1  Sanders  on  PL  and 
Ev.,  144, 

Whether  under  the  facts  the  punishment  is  excessive,  must  be  left  to 
the  jury  to  decide.     Commoniveallh  of  MassachusetUi  v.  Randall,  4  Gray,  38. 

In  the  case  of  Martin  Quinn  v.  Mary  D.  Nolan,  a  suit  tried  in  the 
Superior  Court  of  Cincinnati,  Judge  Harmon,  in  charging  the  jury,  used 
the  following  language: 

"If  the  jury  should  find  the  defendant  did  not,  in  view  of  all  the  cir- 
cumstances, inflict  a  greater  degree  of  punishment  upon  the  plaintifl's  son 
than  she  was  fairly  entitled  to  do,  and  was  proper,  of  course  they  must  find 
for  defendant.  But,  if  they  should  find  she  did  go  beyond  that,  then  it 
would  be  necessary  to  go  further  and  inquire  into  the  damages  that  ."should 
be  allowed.  The  law  holds  a  person  responsible  only  for  the  natural  and 
ordinary  consequences  of  his  acts,  those  consequences  which  the  law  pre- 
sumes he  might  or  should  have  foreseen  at  the  time  he  committed  the  act. 
Therefore,  it  might  make  a  difference  in  the  amount  of  their  finding  if  it 
should  appear  that  the  child  was  afllicted  with  or  predisposed  to  certain 
diseases,  and  the  defendant  had  no  notice  thereof  from  his  parents,  the  boy 
himself,  his  appearance,  or  otherwise.  If  the  defendant,  from  the  knowledge 
she  had  of  the  boy  and  his  appearance,  would  be  justified  in  supposing  him 


SCHOOL    OFFICERS     GUIDE. 


65 


Provisions  Applying  to  all  Boards. 


in  its  opinion  the  safety  and  interest  of  the  public  require ; 
and  the  boards  of  health  and  councils  of  municipal  corpora- 


Ch.  7; 


to  be  like  other  boys  of  his  age,  and  inflicted  ouly  a  proper  punishment,, 
then  she  would  not  be  liable  at  all,  even  though  unfortunately  some  hidden 
defect  in  the  boy's  constitution  should  cause  injury  to  his  health  to  follow. . 
Or,  if  they  should  find  for  the  plaintifi',  this  fact  of  ignorance  on  her  part 
would  prevent  her  from  being  liable  for  any  consequence  arising  from  such' 
weakness  or  predisposition  in  the  boy,  of  which  she  was  ignorant  in  factv 
and  of  which  his  appearance  furnished  no  warning.  It  is  the  duty  of 
parents  who  send  their  children  to  school,  whose  health  or  disposition 
would  render  the  punishment  permitted  by  the  rules  of  the  school  danger- 
ous or  improper,  to  see  the  teacher  is  informed  of  the  faCt." 

The  parent  may  be  said  to  exercise  a  judicial  authority  in  determining 
what  punishment,  by  himself,  is  proper  for  his  child,  but  is  liable,  criminally^ 
in  a  clear  case  of  excess.  Johnaon  v.  SUde,  2  Humph.,  l88.  The  teacher  also 
acts  judicially  in  such  a  case,  and  is  not  to  be  made  liable,  civilly  or 
criminally,  unless  he  acted  with  express  malice,  or  was  guilty  of  such 
excess  that  malice  must  be  implied.  IState  v.  Pendergrass,  2  Dev.  and  Bat_ 
365.     Cooper  v.  McJunhin,  4  Ind.  R.  290. 

A.fter  citing  all  of  these  cases,  except  the  first,  Judge  Cooley  appends 
this  note : 

"It  may  be  proper  to  observe,  however,  that  public  sentiment  does  not 
now  tolerate  such  corporal  punishment  of  pupils  in  schools  as  was  formerly 
thought  permissible  and  even  necessary."     1  Cooley 's  Blackotone,  453. 

Justice  Tillinghast,  of  the  Supreme  Court  of  Rhode  Island,  speaks  of 
the  authority  of  a  teacher  to  take  notice  of  a  pupil's  conduct  when  out  of 
school,  or  after  school  is  dismissed,  as  follows: 

"  Upon  this  point  there  is  some  difference  of  opinion  in  the  community,  . 
but  the  law  seems  to  be  well  settled,  and  is  this — that  for  such  misbehavior 
out  of  school  as  has  a  direct  and  immediate  tendency  to  injure  ilie  school, 
to  subvert  the  master's  authority,  and  to  beget  disorder  and  insubordination, 
the  teacher  may  inflict  corporal  punishment.  'It  is  not  misbehavior 
generally,'  says  Aldis,  J.,  '  or  'towards  other  persons,  or  even  towards  the 
master  in  matters  in  no  ways  connected  witn  or  affecting  the  school.  For 
as  to  such  matters,  committed  by  the  child  after  his  return  home  from 
school,  the  parents  and  they  alone,  have  the  power  of  puhishment.'  But 
where  the  offense  has  a  direct  and  immediate  tendency  to  injure  the  school 
and  bri'ig  the  teachers'  authority  into  contempt,  as  in  this  case,  when  done 
in  the  presence  of  other  scholars  and  of  the  teacher,  and  with  a  design  to 
insult  her,  she  has  the  right  to  punish  the  scholar  for  such  acts,  if  he  comes 
again  to  school. 

"'  The  misbehavior,'  says  the  same  Judge,  '  must  not  have  merely  a  re-  • 
mote  and  indirect  tendency  to  injure  the  school.  All  improper  conduct  or 
language  may,  perhaps,  have,  by  influence  and  example,  a  remote  tendency 
of  that  kind.  But  the  tendency  of  the  acts  so  done  out  of  the  teacher's  su- 
pervision, for  which  he  may  punish,  must  be  direct  and  immediate  in  their 
bearing  upon  the  welfare  of  the  school,  or  the  authority  of  the  teacher  and 
the  respect  due  him.' 

5 


Must  be  ex-  - 
press  malice' 
to  be  crimin»> 


Offenses  eoiC-» 
mitted  out  ot- 
school. 


66  OHIO    SCHOOL    LAWS. 


•  Ch.  7.  Provisions  Applying  to  all  Boards. 

tions,and  the  trustees  of  townships  shall,  on  application  of  the 
board  of  education  of  the  district,  provide  at  the  public  ex- 
penses, without  delay,  the  means  of  vaccination  to  suck 
pupils  as  are  not  provided  therewith  by  their  parents  or 
guardians.     [69  v.  22,  §  1.] 

"Cases  may  readily  be  supposed  whict  lie  very  near  the  line,  and  it 
will  often  be  difficult  to  distinguish  between  the  acts  which  have  such  im- 
mediate, and  those  which  have  such  a  remote,  tendency.     Hence,  each  case 
must  be  determined  by  its  peculiar  circumst^ances. 
Acts  to  injure  "  ^^ts  done  to  deface  or  injure  the  school-room,  to  destroy  the  books  of 

or  deface  prop-  scholars,  or  the  books  or  apparatusifor  instruction,  or  the  instruments  of 
punishment  of  the  master ;  language  used  to  other  scholars  to  stir  up  disor- 
der and  insubordination,  or  to  heap  odium  and  disgrace  upon  the  master; 
writings  and  pictures  placed  so  as  to  suggest  evil  and  corrupt  language, 
images  and  thoughts  to  the  youth  who  must  frequent  the  school ;  all  such 
or  similar  acts  tend  directly  to  impair  the  usefulness  of  the  school,  the  wel- 
fare of  the  scholars,  and  the  authority  of  the  master.  By  common  con- 
sent, and  by  the  universal  custom  in  our  New  England  schools,  the  master 
has  always  been  deemed  to  have  the  right  to  punish  such  ofTenses. 

"  Such  power  is  essential  to  the  preservation  of  order,  decency,  decorum, 
and  good  government  in  schools." 

If  the  effects  of  acts  done  out  of  school-houses  leach  within  the  school- 
room during  school  hours,  and  are  detrimental  to  good  order  and  the  best 
interests  of  the  pupils,  it  is  evident  that  such  acts  may  be  forbidden.  Bur- 
dick  &  Chandler  v.  Babcock  et  al.,  31  Iowa,  5(12. 

Though  a  school-master  has,  in  general,  no  right  to  punish  a  pupil  for 
misconduct  committed  after  the  dismissal  of  school  for  the  day  and  the 
return  of  the  pupil  to  his  home,  yet  he  may,  on  the  pupil's  return  to  school, 
punish  him  for  any  misbehavior,  though  committed  out  of  school,  which 
has  a  direct  or  immediate  tendency  to  injure  the  school  and  to  subvert  the 
master's  authority.     32  Vermont,  114. 

■■  In  general,  the  courts  of  the  Eastern  States— notably,  the  Supreme 
Court  of  Vermont — in  their  decisions  sustain  the  authority  of  the  teacher 
and  the  doctrine  that  he  stands  in  loco  pareiitis  much  more  fully  than  do  the 
Western  courts. 


SCHOOL    OFFICERS     GUIDE. 


67 


School-houses  and  Libraries. 


CHAPTER  8. 


SCHOOL-HOUSES  AND  LIBRARIES. 


Ch.  8. 


Section 

3987.  Boards  to  provide  school-houses. 

3988.  Directions  for  bidding  and  for  let- 

ting contracts. 

3989.  Erection  of  school-houses  in  joint 

sub-districts. 

3990.  When    board    may    appropriate 

property. 

3991.  When  and  how  question  of  tax 

levy  submitted  to  voters. 

3992.  If  levy  approved,  board  to  certify 

it  to  auditor. 

3993.  How  the  levy  may  be  anticipated. 

3994.  Issue  of  bonds  by  boards  of  city 

districts  of  first  class. 

3995.  Certain  boards  may  appropriate 

money  for  library,  etc. 

3996.  Levy  for  library  in  cities. 


Section 
3997.    How  library  tax  to  be  expended. 

Board  may  appoint  librarian,  etc. 

In  certain  cities  may  appoint  man- 
agers of  library. 

Board  of  Cleveland  to  appoint  li- 
brary committee. 

Powers  and  duties  of  such  com- 
mittee. 

How  library  tax  to  be  expended. 

Consolidation  of  libraries  in  Ports- 
mouth authorized. 

Board  of  Portsmouth  to  appoint 
library  committee. 

Powers  and  duties  of  such  com- 
mittees. 

How  such  library  maintained  and 
managed. 


3998. 
3999. 


4000. 
4(>a. 


4002. 
4003. 


4004. 
4005. 


400G. 


SCHOOL-HOUSE?. 

Section  3987.  The  board  of  education  of  any  district  is 
empowered  to  build,  enlarge,  repair,  and  furnish  the  neces- 
sary school-houses,  purchase  or  lease  sites  therefor,  or  rights 
of  way  thereto,  or  rent  suitable  school  rooms,  and  make  all 
other  necessary  provisions  for  the  schools  under  its  control. 
Directors  of  sub  districts  shall,  under  such  rules  and  regula- 
tions as  the  township  board  of  education  may  prescribe,  pro- 
vide fuel  for  schools,  build,  enlarge,  repair,  and  furnish  school- 
houses,  purchase  or  lease  sites  therefor,  rent  school-houses, 
build  and  keep  in  good  repair  all  fences  enclosing  such  school- 
houses,  plant  f-hade  and  ornamental  trees  on  the  school  grounds, 
and  make  all  other  provisions  necessary  for  the  convenience 
and  prosperity  of  the  schools  within  their  sub-districts,  and 
the  township  board  shall  be  held  responsible,  in  its  corporate 
capacity,  for  all  contracts  made  by  such  directors,  when  they 
are  made  in  accordance  with  the  rules  and  regulations  of  the 
township  board,  or  any  resolution  thereof.  [70  v.  195,  §  55  ; 
82  V.  286 ;  83  v.  84.] 


Section  3987  (a).  The  law  requires,  under  severe  penalties  to  be  vis- 
ited on  those  who  have  control  thereof,  that  "all  school-houses  are  to  have 
ample  means  of  convenient  egress,  and  doors  opening  outward."  For  re- 
quirements as  to  certificates  regarding  the  safety  of  such  buildings,  and  the 
penalties  i elating  to  neglect,  see  Revised  Statutes,  sections  2568,  2572,  and 
7010  (amended  1883). 

ib).  As  to  any  building  otherwise  "  in  a  condition  dangerou.s  to  life  or 
health,"  see  Revised  Statutes,  sections  2128  and  2466. 


School-houses 


Safetyof  build- 
ings—of  egress. 


6S 


OHIO    SCHOOL    LAWS. 


Ch.  8. 


School-Houses  and  Librarier. 


[Section  1.  Be  it  enacted  by  the  General  Assembly  of  the 
State  of  Ohio,  That  when,  in  the  judgment  of  any  board  of  edu- 
cation, it  will  be  for  the  a^'vantage  ot  the  children  residing 
in  any  school  district  to  hold  literary  societies,  school  exhibi- 
tions, singing  schools,  or  religious  meetings,  the  board  of  edu- 
cation shall,  upon  the  application  of  the  sub-district  directors,^ 
authorize  the  opening  of  such  school-houses  for  the  purposes 
aforesaid. 

Sjfic.  2.     This  act  shall  take  efiect  on  its  passage. 

Passed  January  31,  1889  ] 


statute  refer- 
ring to  rare  of 
buildings. 


Use  of  school- 
houses  for 
other  purposes. 


Local  directors 
are  to  follow 
directions  of 
township 
board. 


Local  board 
building  com- 
mittee. 


(c).  Concerning  the  full  power  of  boards  of  education,  teachers,  or 
other  citizens,  to  secure  protection  against  the  injury  or  defacement  of 
"school-houses,  school  jards,  trees,  fences,  gates  and  bars,"  see  Revised 
Statutes,  section  6863,  also  sections  6877  and  6896,  as  quoted  under  section 
3972.  Any  citizen  may  prosecute  the  transgressor  in  these  ca^es.  School- 
houses,  school  furniture,  and  other  school  property  belonging  to  the  town- 
ship, and  not  to  the  sub-district,  are  entirely  under  the  legal  control  of 
the  township  board. 

(d).  Directors  have  also  a  supervisory  care  of  the  school-house  and 
other  school  property  in  their  sub-district,  but  their  authority  is  subordinate 
to  that  of  the  township  board,  and  must  always  be  exercised  in  obedience 
to  their  directions. 

(e).  It  is  the  duty  of  the  township  board  of  education  to  exercise  such 
supervision  over  the  school-houses  in  the  several  sub-districts,  as  may  be 
necessary  to  prevent  their  being  used  in  such  a  manner  and  for  such  pur- 
poses as  may  interfere  with  their  use,  for  the  legitimate  and  special  purposes 
for  which  they  were  erected. 

(/).  A  lease  of  a  public  school-house  for  the  purpose  of  having  a  pri- 
vate or  select  school  taught  therein  for  a  terra  of  weeks  is  in  violation  of  the 
trust;  and  such  use  of  the  school-house  may  be  restrained  at  the  suit  of  a 
resident  taxpayer  of  the  district.     35  O.  S.,  143. 

(g).  Where  a  township  board  has  resolved  to  sell  the  old  site  of  a  sub- 
district  school-house,  and  has  purchased  a  new  site,  and,  notifying  the  local 
directors  of  the  sub-district  of  their  action  in  the  premises,  in-tructed  them 
to  sell  the  former,  and  to  build  a  new  school-house  on  the  latter,  and  the 
local  directors,  disregarding  such  instructions,  proceed  to  build  a  new  school- 
house  on  the  old  site,  and  keep  up  a  school  therein — Held :  That  the  local 
directors  are  guilty  of  such  insubordination  and  neglect  as  to  justify  the 
township  board  in  exercising  the  powers  and  duties  which  would  otherwise 
devolve  on  the  local  directors,  and  in  building  a  school-house  on  the  new 
site,  and  in  employing  a  teacher  therein ;  and  such  teacher  is  entitled  to  be 
paid  his  wages  out  of  the  township  treasury,  on  the  order  of  the  township 
board.     State  v.  Lynch,  8  O.  S.,  348. 

(A).  Building  Committees.—  In  township  districts,  directors  are  the  legal 
building  committees,  but  they  can  tike  the  necessary  steps  for  building  or 
repairing  only  under  the  instruction  and  by  the  authority  of  the  board  ot 
education. 


SCHOOL   officers'    GUIDE.  69 


School-houses  and  Libraries.  Ch.  8. 


Sec.  3088.  When  |a  board  of  education^ldetermines  to  DirecMons^for 
build,  repair,  enlarge,  or  furnish  a  school-house  lor  school-  [°^Jf,^;^'"^^°"- 
houses,  or  make  any  improvement  or  repair  provided  for  in 
this  chapter,  the  cost  of  which  will  exceed,  in  city  districts 
of  the  first  and  second  qlass,  fifteen  hundred  dollars,  and  in 
other  districts  five  hundred  dollars,  except  in  cases  of  urgent 
necessity,  or  for  the  security  and  protection  of  school  prop- 
erty, it  shall  proceed  as  follows  : 

1.  The  board  shall  advertise  for  bids,  for  the  period  of 
four  weeks,  in  some  newspaper  of  general  circulation  in  the 
district,  and  two  such  newspapers,  if  there  are  so  many  ;  and 
if  no  newspaper  has  a  general  circulation  therein,  then  by 
posting  such  advertisements  in  three  public  places  therein, 
which  advertisements  shall  be  entered  in  full  by  the  clerk,  on 
the  record  of  the  proceedings  of  the  board. 

2.  The  bids,  duly  sealed  up,  shall  be  filed  with  the  clerk 
by  twelve  o'clock,  noon,  of  the  last  day  stated  in  the  adver- 
tisement. 

(i).  Under  the  act  of  March  14,  1853  (51  v.  429),  a  township  board  of 
education  has  the  power  to  designate  the  particular  place  where  school- 
houses  in  sub-districts  shall  be  built;  and  the  powers  which,  in  this  respect, 
the  statute  confers  on  the  local  directors  of  a  sub-district,  are  to  be  exercised 
in  subordination  to  the  paramount  authority  of  the  township  board  of  edu- 
cation.    Hughes  V.  Board   of  Education,  13  O.  S.,  336. 

(j).  If  a  board  refuses  to  appropriate  sufficient  funds  to  build  a  good 
school-house,  the  directors  may  appeal  to  the  county  commissioners. 

(k)  Directors  cannot  receive  any  portion  of  the  school  funds  for  dis- 
bursement, but,  on  the  contrary,  they  are  required  to  report  all  contracts 
for  fuel,  etc.  o  the  township  board  for  payment;  and  unless  the  township 
clerk  is  authorized  by  a  resolution  of  the  board  to  draw  the  requisite  orders 
for  amounts  certified  by  directors  to  be  due,  in  any  given  case,  on  contracts 
legally  made  by  them,  such  contracts  can  only  be  paid  after  they  have  been 
duly  reported  to  the  board  and  approved.     See  section  4047. 

(l)  But  as  such  resolution  provides  for  the  payment  of  money  through 
the  agency  of  such  local  directors,  the  records  must  show  that  it  was  passed 
by  the  required  "  majority  of  all  the  members  legally  comprising  the  board." 
Section  3982. 

*  Section  3988  (a).  Clause  4,  of  Revised  Statutes,  which  provides  that 
a  hoard  of  education  engaged  in  the  erection  of  a  school  building,  "  may, 
in  its  discretion,  reject  all  the  bids,"  does  not  authorize  the  acceptance  of 
any  "but  the  lowest  responsible  bid."     42  O.  S.,  374. 

*  (6).  "  By  the  proviso  to  the  55th  section  of  the  school  law  [sec.  3988, 
K.  S.],  township  boards  of  education  are  required,  when  the  cost  of  build- 
ing a  school-house  or  other  improvement  exceeds  five  hundred  dollars,  to 


70 


OHIO    SCHOOL    LAWS. 


(2k.  8. 


School- houses  and  Libraries. 


3.  The  bids  shall  be  opened  at  the  next  meeting  of  the 
board,  be  publicly  read  by  the  clerk,  and  entered  in  full  on 
the  records  of  the  board. 

4.  Each  bid  shall  contain  the  name  of  every  person  in- 
terested in  the  same,  and  shall  be  accompanied  by  a  sufficient 
guarantee  of  some  disinterested  person,  that  if  the  bid  be  ac- 
cepted, a  contract  will  be  entered  into,  and  the  performance 
of  it  properly  secured. 

5.  When  both  labor  and  materials  are  embraced  in  the 
work  bid  for,  each  must  be  separately  stated  in  the  bid,  with 
the  price  thereof. 

6.  None  but  the  lowest  responsible  bid  shall  be  accepted ; 
but  the  board  may,  in  its  discretion,  reject  all  the  bids,  or  ac- 
cept any  bid  for  both  labor  and  material  which  is  the  lowest 
in  the  aggregate  for  such  improvement  or  repair. 


Contract  to  be 
let  on  bids. 


When  other- 
wise. 


Local  boards 
not  authorized 
to  advertise 
and  open  bids. 


House  to  cost 
$10,000. 


Whenmemb'rs 
of  the  board  in- 
dividually 
Uable. 


When  contrac- 
tors act  at  their 
own  peril. 


advertise,  and  let  the  same  to  the  lowest  responsible  bidder,  unless  in  case 
of  urgent  necessity,  or  for  the  security  and  protection  of  school  property. 
This  is  a  duty  imposed  on  the  board  in  its  corporate  capacity,  and  cannot 
be  delegated  to  the  local  directors  of  the  sub-district  in  which  the  school- 
house  or  other  improvement  is  to  be  made."     38  O.  S.,  383. 

(c).  Boards  of  education,  and  not  local  directors,  are  to  receive  bids. 
In  a  suit  upon  a  contract  under  this  statute,  where  the  cost  of  the  building 
exceeds  $500,  it  must  appear  from  the  records  of  the  board  that  the  contract 
was  let  after  and  upon  such  bids,  or  that  it  was  a  case  of  urgent  necessity 
for  the  security  of  school  properly. 

The  record  and  proceedings  of  local  directors,  showing  that  tiiey  duly 
complied  with  the  requirements  of  the  law  to  advertise,  are  incompetent 
evidence,  since  local  directors  are  not  authorized  to  advertise,  open  bids, 
and  award  the  contract.  If  such  incompetent  evidence  in  favor  of  the  pre- 
vailing party  is  allowed  to  go  to  the  jury  against  the  objection  of  the  other 
party,  error  to  his  prejudice  will  be  presumed,  without  showing  that  the 
jury  was  influenced  by  it.  Error  from  District  Court,  Guernsey  county,  to 
Supreme  Court,  October  26,  1882. 

(d).  When  the  school-house  is  to  cost  $10,000  or  over,  see  section  794, 
Revised  Statutes. 

(e).  Individual  members  of  a  board  and  local  directors  as  mere  agents 
of  the  board,  must  see  that  their  acts  bind  the  board ;  for  if  they  do  not 
secure  their  principal  a  right  of  action  or  defense,  they  will  themselves  be 
personally  liable.  Ives  i;.  Hulet,  12  Vt.,  314;  58  Mo.,  245.  This  principle 
also  applies  to  the  acts  of  boards  of  education  who,  in  their  corporate  ca- 
pacity, seek  to  bind  the  district  for  which  they  act,  as  also  their  successors. 

(/).  But  those  who  deal  with  oflBcers  of  a  corporation  must  ascertain, 
at  their  peril,  what  they  will  be  conclusively  presumed  to  know,  that  these 
public  agents  are  strictly  within  the  sphere  limited  and  prescribed  by  law, 


SCHOOL    OFFICERS     GUIDE. 


71 


School-houses  and  Libraries. 


Ch. 


7.  Any  part  of  a  bid  which  is  lower  than  the  same  part 
ef  any  other  bid,  shall  be  accepted,  whether  the  residue  of  the 
bid  is  higher  or  not;  and  if  it  is  higher,  such  residue  shall 
be  rejected. 

8.  The  contract  shall  be  between  the  board  of  education 
and  the  bidders;  and  the  board  shall  pay  the  contract  price 
for  the  work,  when  it  is  completed,  in  cash,  and  may  pay 
monthly  estimates  as  the  work  progresses. 

9.  When  two  or  more  bids  are  equal,  in  the  whole,  or  in 
any  part  thereof,  and  are  lower  than  any  others,  either  may 
be  accepted,  but  in  no  case  shall  the  work  be  divided  between 
the  makers  thereof. 

10.  When  there  is  reason  to  believe  that  there  is  any 
collusion  or  combination  among  the  bid  ers,  or  any  number 
of  them,  the  bids  of  those  concerned  therein  shall  be  rejected. 
[70  V.  195,  §  55.] 


and  outside  of  which  they  are  powerless  to  act.  60  Mo.,  53;  Whiteside  v. 
U.  S.,  93  U.  S.  Rep.,  247 ;  9th  Ed.  Story  on  Agency,  sec.  307. 

Still,  it  is  well  settled  that  where  persons  deal  with  an  officer  of  a  cor- 
poration, who  assumes  authority  to  act  in  the  premises,  and  no  want  of  au- 
thority or  irregularity  is  brought  to  the  knowledge  of  the  party  so  dealing 
with  the  corporation,  and  there  is  nothing  to  excite  suspicion  of  such  defect, 
the  corporation  is  bound,  although  the  agent  exceeded  his  powers.  57  Mo., 
207 ;  93  U.  S.  Rep.,  247. 

ig).  Unauthorized  expenditures,  not  ultra  yiVe.?,  deemed  beneficial,  may 
be  ratified,  and  in  such  case  this  ratification  is  equivalent  to  previous  au- 
thority. 8  Fost.  N.  H.,  65;  32  N.  H.,  118.  But  the  subsequent  use,  in  the 
school,  of  materials  unlawfully  contracted  for,  does  not  amount  to  such  a 
ratification  as  will  bind  the  district.     67  Mo.,  319. 

{h).  Ratification  of  the  acts  of  a  committee  in  building  upon  the  land 
of  a  district  a  more  expensive  house  than  they  were  authorized  to  do  by 
vote  of  the  corporation,  cannot  be  inferred  from  the  mere  fact  that  the 
school  is  kept  in  for  a  few  weeks,  there  being  no  evidence  that  the  corpora- 
tion had  knowledge  of  the  over-expenditure,  or  had  taken  any  action  on 
the  subject.  Dillon  on  Municipal  Corpoiations,  480.  This  will  probably 
apply  to  the  case  of  local  directors  acting  as  agents  of  the  board  of  educa- 
tion in  building  a  house.  It  is  evident  from  the  above  that  in  order  to  bind 
their  principals  the  agents  must  describe  themselves  as  agents  of  such  prin- 
cipals, and  their  business  must  be  of  the  kind  to  which  the  duties  and  pow- 
ers of  the  principal  pertain,  and  must  not  be  acts  prohibited  as  either  crim- 
inal or  against  public  policy. 

(t)  All  contracts  made  by  the  board  or  its  agents  should  be  in  writing 
and  in  duplicate,  and  one  copy  should  be  filed  with  the  clerk  of  the  board. 
The  laws  of  some  states  require  this.  This  is  not,  however,  necessary  to 
make  a  contract  binding. 


When  unau- 
thorized ex- 
penditures 
may  be  rati- 
fied. 

When  not. 


Kxceeding  au- 
thority asto  1 
cost  of  build- 
ing. 


Contracts 
should  he'jD' 
writing. 


72 


OHIO    SCHOOL    LAWS. 


Ch.  8. 


School-houses  and  Libraries. 


lErection  of 
chool-houKes 
n  joiQt  sub- 

4distriet. 


When  boards 
may  appropri- 
.4te  property. 


Sec,  3989.  When  it  becomes  necessary  to  rebuild  the 
school-house  of  a  joint  sub  district,  or,  for  the  better  accom- 
modation of  scholars,  to  change  the  school-house  site  and  erect 
a  new  building  thereon,  the  question  of  such  rebuilding,  or  of 
such  change  of  site  and  erection  of  a  new  building,  shall  be 
determined  by  a  majority  vote  of  the  board  of  directors  of 
such  sub  district,  and  in  such  manner  as  to  secure  the  better 
accommodation  of  a  majority  of  scholars  in  the  same ;  any 
funds  which  may  be  or  have  been  assessed  and  collected  for 
the  building  of  such  school-house  shall  be  transferred  to  the 
custody  of  the  boaril  of  education  of  the  township  in  which 
the  new  building  is  to  be  erected,  which  board  shall  proceed 
in  all  matters  connected  with  the  erection  oi  the  building  in 
accordance  with  the  provisions  of  this  chapter;  and  if  the 
location  be  changed  to  another  township,  the  personal  prop- 
erty belonging  to  such  sub-district  shall  be  transferred  to  the 
board  of  education  of  such  township;  and  any  real  property 
belonging  thereto,  and  situated  in  the  township  from  which 
the  location  is  changed,  shall  be  sold  by  the  board  of  educa- 
tion of  such  township,  and  the  proceeds  of  the  sale  transferred 
to  the  board  of  education  of  the  township  to  which  the  loca- 
tion is  changed.     [72  v.  63,  §  36.] 

Sec.  3990.  When  it  is  necessary  to  procure  or  enlarge  a 
school-house  site,  and  the  board  of  education  and  the  owner 


Proceedings  to 
be  completed 
before  erection 
•of  building. 


'I'owej  to  con- 
demn strictly 
.construed. 


Owner,  when 
^entitled  to 
•damages. 


Sec.  3989.  Under  section  3928  the  boards  of  education  which  establish 
a  joint  sub-district  are  to  fix  upon  the  place  for  building  the  .school-house. 
This  section  does  not  seem  to  interfere  with  that  provision,  but  to  enact  the 
manner  of  fixing  upon  the  site  on  any  subsequent  occasion. 

Sec.  3990  (a).  Section  2232  et  seq.,  of  the  Revised  Statute.s  refer  to 
this  subject. 

(6).  Before  building  on  such  property,  it  is  best  to  complete  the  pro- 
ceedings befote  the  court  or  courts,  if  an  appeal  ib  taken,  and  to  wait  until 
the  time  for  appeal  has  elap.sed,  as  such  appeal  may  be  taken  and  may  re- 
verse the  proceedings  below. 

(c).  The  power  to  condemn  private  property  to  public  uses  against  the 
will  of  the  owner  is  a  stringent  one,  based  on  public  necessity  or  urgent 
public  policy,  the  rule  requiring  the  power  to  be  strictly  construed,  and  the 
prescribed  mode  for  its  exercise  strictly  followed,  is  a  Just  one,  and  should, 
within  all  reasonable  limits,  be  indexibly  adhered  to.  Dillon  on  Man. 
Corp.,  569. 

(d).  The  owner  is  entitled  to  full  payment  of  the  damages  assessed, 
before  his  title  is  extinguished  or  his  control  of  the  premises  ceases.     In 


SCHOOL    OFFICERS     GUIDE. 


73 


School-houses  and  Libraries. 


Ch.  8. 


of  the  proposed  site  or  addition  are  unable,  from  any  cause, 
to  agree  upon  the  sale  and  purchase  thereof,  the  board  shall 
make  an  accurate  plat  and  description  of  the  parcel  of  land 
which  it  desires  for  such  purpose,  and  file  the  same  with  the 
probate  judge  of  the  proper  county  ;  and  thereupon  the  same 
proceedings  of  appropriation  shall  be  had  which  are  provided 
for  the  appropriation  of  private  property  by  municipal  cor- 
porations.    [70  V.  195,  §  65.J 

Sec.  3991.  When  the  board  of  education  of  any  district, 
except  a  city  district  of  the  first  class,  determines  that  it  is 
necessary,  for  the  proper  accommodation  of  the  schools  of  such 
district,  to  purchase  a  site  or  sites,  and  erect  a  school-house 
or  school  houses  thereon,  or  to  do  either,  and  ascertains  that 
the  purchase  of  such  site  or  sites,  and  the  erection  and  fur- 
nishing of  such  school-house  or  schoo  -houses,  or  either,  will 
require  a  greater  tax  upon  the  property  of  such  district  than 
the  board  is  authorized  by  this  title  to  levy,  and  that  to  pro- 
vide the  means  therefor  it  will  be  necessary  to  issue  bonds,  it 
shall  make  an  estimate  of  the  probable  cost  of  such  site  or 
sites,  and  such  school-house  or  school-houses,  or  of  either,  and 


When  and  how 
(jueRtions  of 
tax-levy  sub- 
mitted to 
voters. 


any  case  of  voluntary  dedication  or  of  involuntary  surrender  of  property 
to  a  public  use,  the  property  reverts  to  the  owner,  when  the  use  entirely 
ceases. 

(e).  In  case  premises  have  been  dedicated  to  a  special  use,  there  is  no 
power  to  alienate  such  premises  without  the  consent  of  the  dedicator  or  his 
representatives,  even  though  the  lots,  by  reason  of  a  railway  or  depot  near 
by,  have  been  rendered  unsuitable  for  such  use,  or  even  dangerous.  18 
Ohio,  221. 

Sec.  3991  (a).  It  cannot  be  too  often  repeated  that  aboard  of  education 
speaks  only  through  its  records.  Its  acts,  findings,  and  determinations  are 
only  known  by  its  records.  Hence,  althougli  the  words  of  the  statute  may 
not  clearly  settle  the  question,  yet  it  is  safest  to  assume  that  this  determina- 
tion  is  to  be  an  official  determination.  Purchasers  of  bonds  are  likely  to 
scrutinize  such  matters  closely,  and  they  will  question  whether  the  board 
acquires  jurisdiction  to  take  steps  for  raising  a  tax  unless  it  first  officially 
"ascertains"  and  "determines"  all  the  preliminary  facts  mentioned  in  the 
statute,  and  makes  a  record  of  such  finding. 

{b).  When  the  statute  requires  that  notice  shall  be  given  of  the  matter 
to  be  acted  on,  a  failure  to  insert  such  matter  will  render  void  any  act  done 
with  respect  to  the  matter  not  so  embraced  as  required.  18  Maine,  184 ;  12 
Gushing,  294.  It  is  presumed  that  the  people  of  a  district  know  the  days 
appointed  by  law  for  the  ordinary  affairs  of  the  district,  yet  if  it  is  intended 
to  proceed  to  any  other  act  of  importance  a  notice  is  necessary,  the  same  as 
at  any  other  time.     Dillon  on  Mun.  Corp.,  319. 


When  property 

reverts. 


Dedication  to 
special  use. 


Record  of  pro- 
ceedings to 
issue  bonds. 


Notice  must 
contain  matter 
to  be  acted  on. 


74 


OHIO    SCHOOL    LAWS. 


Ck.  i. 


School-hoases  and  Libraries. 


If  levy  appro V- 
•d,  board  to 
sertify  it  to  au- 
ditor. 


How  the  levy 
may  be  antici- 
pated. 


at  a  general  election,  or  a  special  election  called  for  that  pur- 
pose, shall  submit  to  the  electors  of  the  district  the  question 
of  levying  taxes  for  such  purposes,  or  either  of  them,  and  the 
further  questions  whether  the  levy  shall  be  made  from  year 
to  year  thereafter,  and  what  amount  shall  be  levied  each  year 
until  the  actual  cost  of  such  site  or  sites,  and  the  erection  of 
such  school- house  or  school  houses,  or  either  is  raised;  and 
ten  days'  notice  of  such  submission  shall  be  given  by  the 
board,  by  posters  put  up  in  five  of  the  most  public  places  in 
the  district,  which  shall  state  the  time,  place,  and  object  of 
the  election.     [70  v.  241,  §  61.] 

Sec.  3992.  If  a  majority  of  the  electors  at  such  election 
vote  in  favor  of  levying  taxes  for  such  purposes,  or  either  of 
them,  of  continuing  the  levy  from  year  to  year  thereafter, 
and  for  the  amount  to  be  levied  each  year,  the  board  shall 
certify  the  levy  annually  to  the  county  auditor,  who  shall 
place  the  same  upon  the  tax  duplicate  in  the  same  manner 
that  other  taxes  certified  by  such  board  are  required  to  be 
placed  thereon;  and  when  the  district  is  divided  bj'^  a  county 
line,  the  levy  shall  be  certified,  collected,  and  paid  in  the 
manner  provided  in  sections  thirty-nine  hundred  and  sixty-one 
and  thirty-nine  hundred  and  sixty-two,  in  the  case  of  levies  for 
joint  sub-districts.     [70  v.  195,  §  62.] 

Sec.  3993.  To  enable  such  board  to  anticipate  the  money 
to  be  raised  it  may  borrow  the  sum  of  money  necessary,  not 
exceeding  the  amount  so  authorized  to  be  levied,  and  issue 
bonds  therefor,  payable  as  indicated  by  the  vote  provided  for 
in  section  thirty -nine  hundred  and  nitiety-one,  after  a  certain  day 


Mode  of  rais- 
ing fund£. 


OflBcial  signa- 
tures. 


Injunction 
against  exces- 
■Ive  Issues. 


Sec.  3993  (a).  Boards  of  education  are  not  authorized  to  raise  money 
on  notes  or  bonds  except  as  provided  for  by  statute. 

(6).  Bonds  signed  by  the  president  and  clerk  of  the  board  are  officially 
signed. 

(c).  When  specific  power  is  given  by  the  legislature  authorizing  a  board 
of  education  to  issue  negotiable  bonds  for  school  purposes  upon  certain  con- 
ditions prescribed,  the  regularity  of  proceedings  of  the  board  cannot  be  dis- 
puted, where  the  bonds,  upon  their  face,  purport  to  have  been  issued  under 
the  law  in  question,  and  where  they  have  been  sold  by  the  board  and  after- 
wards passed  into  the  hands  of  a  bona  fide  holder. 

Mandamus  is  the  proper  remedy  to  compel  the  board  to  appropriate 
moneys  already  in  their  treasury  for  that  purpose,  toward  the  payment  of 
such  bonds,  and  to  levy  such  tax  as  may  be  necessary  to  complete  such  pay- 
ment.    27  O.  S.,  96. 


SCHOOL    OFFICERS     GUIDE.  75 


School-houses  and  Libraries.  Ch.  8. 


to  be  named  therein,  and  bearing  interest  payable  semi-an- 
nually, at  a  rate  specified  therein,  not  exceeding  six  per  cent- 
um per  annum  ;  the  bonds  si  all  be  in  such  sums  as  the  board 
may  determine,  be  numbered  consecutively,  made  payable  to 
the  bearer,  bear  date  the  day  of  sale,  and  be  signed  by  the 
board  ofl5cialiy;  the  clerk  of  the  board  shajl  keep  a  record  of 
the  number,  date,  amount,  and  rate  of  interest  of  each  bond 
sold,  the  sum  for  which  and  the  name  of  the  person  to  whom 
sold,  and  the  time  when  payable,  which  record  shall  be  open 
to  the  inspection  of  the  public  at  all  reaaonable  times ;  and 
the  bonds  so  issued  shall  in  no  case  be  sold  for  a  less  sum  than 
their  par  value,  nor  bear  interest  until  the  purchase  money 
for  the  same  shall  have  been  paid  by  the  purchaser.  [70  v. 
195,  §  63.] 

Sec.  3994.     The  board  of  education  of  any  city  district  of  issue  of  bond« 

bv  Ijofirds  of 

the  first  class,  except  a  district  embracing  a  city  of  the  first   city  districts  of 

\  ,  .  first  claM. 

grade  of  the  first  class,  may  issue  bonds  to  obtain  or  improve 

public  school  property,  and  in  anticipation  of  income  from 

taxes  for  such  purpose,  levied  or  to  be  levied,  may,  from  time 

to  time,  as  occasion  requires,  issue  and  sell  bonds,  under  the 

restrictions  and  bearing  a  rate  of  interest  specified  in  the 

preceding  section,  and  pay  such  bonds  and  interest  thereon 

when  due,  but  shall  so  provide  that  no  greater  amount  of  such 

bonds  shall  be  issued  in  any  year  than  would  equal  the  ag- 
gregate of  a  tax  at  the  rate  of  two  mills,  for  the  year  next 

preceding  such  issue ;  but  the  order  to  issue  such  bonds  shall 

be  made  only  at  a  regular  meeting  of  the  board,  and  by  a 

vote  of  a  majority  of  all  the  members  thereof,  taken  by  yeas 

and  nays,  and  entered  on  the  journal  of  the  board.     [75  v. 

626,  §  56.] 

LIBBABIES. 

Sec.  3995.     In  any  district  the  board  of  education  may  certain  boards 
appropriate  monej  from  the  contingent  fund  for  the  purchase  XVoney^for 

library,  etc. 

Sec.  3994.     An  injunction  would  lie  against  a  board  of  education  which 
sought  to  issue  bonds  in  excess  of  this  authority,  but  only  as  to  such  excess,    of  libraries 
and  not  to  the  whole.     47  Mich.,  226 ;  43  Iowa,  48. 

Sec.  3995  (a).  For  the  establisnment  of  a  public  library  by  township 
trustees,  see  R.  S.,  sees.  1476-1478.  For  powers  of  city  and  village  councils, 
see  section  1692,  R.  S. 


76 


OHIO    SCHOOL    LAWS. 


Ch.  8. 


School-houses  and  Libraries. 


Levy  for  li- 
brary in  cities. 


of  such  books,  other  than  school  books,  as  it  may  deem  suit- 
able for  the  use  and  improvement  of  the  scholars  and  teachers 
of  the  district,  and  in  the  purchase  of  philosophical  or  other 
apparatus  for  the  demonstration  of  such  branches  of  educa- 
tion as  may  be  taught  in  the  schools  of  the  dit^trict,  or  for 
either  of  such  purposes ;  but  not  more  than  one-half  of  the 
amount  herein  authorized  to  be  appropriated  shall  be  ex- 
pended in  the  purchaee  of  such  apparatus;  such  appropria- 
tion shall  not  exceed,  in  any  one  year,  twelve  hundred  dollars 
in  city  districts  containing  cities  of  the  first  grade  of  the  first 
class,  three  hundred  dollars  in  other  city  districts  of  the  first 
class,  one  hundred  and  fifty  dollars  in  city  districts  of  the 
second  class,  and  seventy-five  dollars  in  other  districts;  and 
the  books  so  purchased  shall  constitute  a  school  library,  the 
control  and  mangementof  which  shall  be  vested  in  the  board 
of  education.  The  board  of  education  of  any  city  of  the  second 
class,  fourth  grade,  having  a  free  public  library  organized,  in 
pursuance  of  law,  may  allow  such  free  public  library  associa- 
tion the  use  and  control  of  the  public  school  library,  subject, 
however,  to  such  rules,  regulations,  and  restrictions  as  said 
board  of  education  may  prescribe  for  the  use  and  control 
thereof.     [72  v.  29,  §  51 ;  78  v.  1  lO.] 

Sec.  3996.     For  the  purpose  of  increasing  and  maintain- 
ing the  school  library  of  city  districts,  the  board  of  education 


What  is  appar- 
atus. 


(6).  The  question  sometimes  arises  as  to  what  is  apparatus.  It  is  not 
customary  to  regard  maps  and  charts  as  such.  These,  like  clocks,  desks, 
black-boards  and  black-board  furniture,  would  be  classed  among  the  essen- 
tials for  furnishing  a  school,  and  they  may  probably  be  purchased  under 
section  3987,  as  provisions  necessary  for  the  convenience  and  prosperity  of 
the  schools. 

*  (c).  Boards  of  education  may  purchase  "  school  or  reading  charts"  for 
use  in  the  schools  of  their  respective  districts,  and  are  not  limited  to  the 
amount  authorized  lo  be  expended  by  the  provisions  of  section  3995,  K.  S. 
2  O.  Circuit  Rep.,  363. 

*  (d).  Uuder  the  statute  providing  for  instruction  as  to  the  nature  of 
alcoholic  drinks  and  narcotics,  and  their  eflects  on  the  human  system,  in 
connection  with  the  subject  of  physiology  and  hygiene,  in  all  grades  of  the 
schools,  and  which  makes  it  the  duties  of  boards  of  education  to  make  pro- 
vision for  such  instruction,  it  seems  a  reasonable  construction  of  the  act 
that  such  boards  are  authorized  to  purchase  such  anatomical  studies  and 
charts  as  they  may  deem  necessarj  to  give  this  instruction  successfully 
without  regard  to  the  limitations  as  to  the  amount  to  be  expended,  set  forth 
in  this  section  3995. 


SCHOOL    officers'    GUIDE.  T^J 

School  houses  and  Libraries.  Ch.  8. 

may  levy  annually  a  tax  of  one-tenth  of  one  mill  on  the 
dollar  valuation  of  the  taxable  property  thereof,  to  be  assessed, 
collected,  and  paid  in  the  same  manner  as  are  other  school 
taxes  of  such  districts.     [64  v.  62,  §  l.j 

Sec.  3997.     Tne  amount  of   such  tax,   when  collected,   how  library 

t&x  to  be  GX~ 

Bhall  be  expended,  under  the  direction  of  the  board,  for  the  pended. 
purchase  of  i^uch  books  as  are  suitable  for  public  school  libra- 
ries, the  bills  for  which,  with  the  attendant  expenses,  shall 
be  certified  by  the  president  and  clerk,  and  paid  by  the  treas- 
urer of  the  school  funds.     [6-4  v.  62,  §  i7\ 

Sec.  3998.     The  board  may  appoint  a  librarian,  fix  his   Board  mayap- 
1        1       II  1,-  1      1  1  1     -        ,.       point  libra- 

compensation,  and  make  all  neearul  rules  and  regulations  for   rian.etc. 

the  management  of  the  library,  to  which  every  family  resi- 
dent in  such  city  districts  shall  have  access.     [64  v.  62.  §  3.] 

Sec.  8999.     In  cities  not  having  less  than  twenty  thous-  .       ^  . 

•'  In  certain 

and  inhabiiants,  the  board  of  education  having  custody  of  mav^app^o^nt 
any  public  library  therein  may,  at  any  regular  meeting,  Hbrarl^"^^"^ 
adopt  a  resolution  providing  for  a  board  of  managers  of  such 
library,  and  shall  thereupon  elect,  by  ballot,  two  pert^ons  to 
serve  as  members  of  such  board  for  a  terra  of  three  years,  two 
persons  to  serve  for  a  term  of  one  year ;  and  annually  there- 
after two  persons  shall  be  elected  to  serve  for  a  term  of  three 
years;  all  vacancies  in  such  board  shall  be  filled  by  the  board 
of  education  by  ballot,  and  a  person  so  eltcted  shall  serve 
during  the  unexpired  term  of  his  predecessor;  the  president 
of  the  board  of  education  shall  be  a  member  of  the  board  of 
managers  ex-officio;  and  the  board  of  managers  shall  at  all 
times  be  amenable  to  and  under  the  control  of  the  board  of 
education,  as  to  tenure  of  ollice  and  authority,  and  shall  serve 
without  compensation.     [64  v.  100  §  1.] 

Sec.  4000.     The  public  library  board  of  the  citv  of  Cleve- 

•'  Cleveland 

land  shall  consist  of  seven  suitable  persons,  residents  of  said   public  library 

"^  '  board. 

city,  no  one  being  a  memb-^r  or  officer  of  the  board  of  educa- 
tion. The  members  of  the  library  board  shall  serve  without 
compensation,  and  hold  their  officns  for  three  years,  and  until 
their  successors  shall  have  been  elected  and  qualified,  except 
that  at  the  first  election  two  of  the  board  shall  be  elected  for 
one  year,  two  for  two  years,  and  three  for  three  years.  After 
said  first  election  so  many  shall  be  elected  each  year  as  equals 
the  number  whose  term  expires  that  year.     They  shall  be 


78 


OHIO    SCHOOL    LAWS. 


Ch.  8. 


School-houses  and  Libraries. 


Powers  aud 
duties  of  li- 
brary board. 


Library  tax, 
and  liow  ex- 
pended. 


elected  by  roll-call  as  in  other  cases,  by  the  board  of  education 
of  the  city  of  Cleveland,  at  its  first  regular  meeting  after  the 
third  Monday  of  April,  1886,  and  annually  thereafter  as 
hereinbefore  provided.  The  board  of  education  shall  have 
power  at  any  time  to  fill  vacancies  in  the  library  board  for 
unexpired  terms  by  election  as  aforesaid.  [75  v.  101,  §  1;  80 
V.  172 ;  83  v.  104.] 

Sec.  4001.  Such  library  board  shall  report  in  writing  to 
the  board  of  education  once  each  year,  and  oftener  if  required 
by  the  latter,  shall  have  exclusive  charge  and  control  of  the 
public  library  of  the  city,  and  shall  have  full  power  to  make 
all  rules  and  regulations  for  the  government  and  management 
thereof;  to  employ  a  librarian  and  such  assistants  and  helps 
as  may  be  needed  for  the  care  and  protection  of  the  library, 
and  to  attend  to  the  drawing  and  return  of  books;  but  prior 
to  such  employment  the  compensation  of  such  librarian,  as- 
sistants and  help,  shall  be  fixed  by  the  library  board,  by  a 
majority  of  the  members  thereof  voting  in  favor  of  such  com- 
pensation, on  roll-call  by  the  secretary,  and  such  librarian, 
assistants  and  help  shall  be  employed  by  a  vote  in  the  same 
manner.     [76  v.  50,  §  2 ;  78  v.  132  ;  80  v.  172.] 

Sec.  4002.  For  the  purpose  of  increasing  and  maintain- 
ing the  public  library  in  said  city,  and  the  territory  thereto 
attached  for  school  purposes,  such  library  board  may  levy 
annually  a  tax  of  two  and  one-half  tenths  of  one  mill  on 
each  dollar  valuation  of  the  taxable  property  of  the  city,  and 
the  territory  thereto  attached  for  school  purposes,  to  be  levied, 
collected  and  paid  in  the  same  manner  as  are  the  school  taxes 
of  the  city;  all  moneys  appropriated,  received  or  collected  by 
tax  for  the  library,  shall  be  expended  under  the  direction  of 
the  library  board  in  purchasing  such  books,  pamphlets, 
papers,  magazines,  periodicals,  journals  and  other  property 
as  may  be  deemed  buitable  for  the  public  library,  and  in  pay- 
ment of  all  other  charges  and  expenses,  including  compensa- 
tion to  the  librarian,  assistants  and  help,  that  may  be  incur- 
red in  increasing  and  maintaining  the  library;  and  the  pay- 
rolls and  all  warrants  upon  the  treasurer  given  to  pay  such 
expenditures,  upon  the  order  of  the  library  board,  be  certified 
by  the  president  and  secretary  of  such   board,  and  paid  by 


SCHOOL    OFFICERS     GUIDE.  79 

School-houses  and  Libraries.  Ch.  8. 

the  treasurer  of  the  city  from'such  library  fund.  [76  v.  50,  § 
3;  80  V.  173.] 

Sec.  4003.     In  all  cities  which  at  the  last  federal  census  Consolidation 
had,  or  at  any  subsequent  federal  census  may  have,  a  popula-  Portsmouth 

'  J  ^  /  >       i-    r  authorized. 

tion  of  ten  thousand  five  hundred  and  ninety  two,  it  shall  be 
lawful  to  merge  any  public  library  therein  heretofore  estab- 
lished with  any  other  library  or  reading  room  therein  exist- 
in;^ ;  but  the  library  formed  by  such  consolidation  shall  be 
kept  open  for  the  use  of  the  public  at  all  reasonable  hours. 
[75  V.  541,  §1;  76  v.  27,  §  l-l 

Sec.  4004.  The  board  of  education  of  every  such  city  Board  of  Ports- 
shall,  at  its  first  regular  meeting  after  the  second  Monday  in  pomt  Ubrju-y 
June,  1879,  elect  by  ballot  three  suitable  persons,  residents  of 
the  city,  but  other  than  members  of  such  board,  who  shall  be 
known  as  the  library  committee  of  the  city,  one  to  serve  for 
one  year,  one  for  two  years,  and  one  for  three  years,  and  until 
their  successors  are  duly  elected  and  qualified,  and  shall,  an- 
nually thereafter,  elect  in  like  manner  one  person  with  the 
same  qualifications,  to  serve  for  three  years,  and  until  his  suc- 
cessor is  elected  and  qualified  ;  and  any  vacancy  in  such  com- 
mittee shall  be  filled  lor  the  unexpired  term  at  the  first  regu- 
lar meeting  of  the  board  held  after  the  same  occurs.  [75  v, 
541,  §2;  76  V.  97,  §2.] 

Sec.  4005.     Such  committee  shall  report  in  writing  to 


oommittee. 


the  board  of  education  at  least  once  each  year,  and  oftener  if  '^^^^^  ^^  s"*^ 


Powers  aud 
duties  of  SI 
eomtnittee. 

required  by  the  board,  and  shall  have  entire  charge  and  con- 
trol of  the  school  library  in  the  city,  with  full  power  to  make 
all  rules  and  regulations  for  the  government  and  regulation 
thereof,  to  employ  a  librarian,  and  such  assistants  and  help 
as  may  be  needed  for  its  care  and  protection,  and  to  require 
of  the  librarian  such  bond  as  they  may  deem  proper  for  the 
faithful  performance  of  his  duties,  and  to  attend  to  the  draw- 
ing and  return  of  books;  but  the  salary  of  such  librarian, 
and  the  rate  of  compensation  of  such  assistants  and  help, 
shall  be  fixed  by  resolution  prior  to  such  employment.  [76 
V.  97,  §  3.J 

Sec.  4006.     For  the  purpose  of  increasing  and  maintain-  i-owersmui 

,11-1  .         .         ..  ,.  ,.  .  .  ,  duties  of  libra- 

ing  school  libraries  in  cities  mentioned  in  section  forty  nun-  ry  committee* 

77  77  -iT-k-ir-.  «•/-.!•  11  •  '"  Portsmoutk. 

area  and  three  or  the  Revised  Statutes  of  Ohio,  and  the  territory 
thereto  attached  for  school  purposes,  such  library  committee 


8o 


OHIO    SCHOOL    LAWS. 


Ch.  9. 


Schools,  and  Attendance  enforced. 


in  such  cases  is  authorized  to  annually  levy  a  tax  of  two- 
tenths  of  one  mill  on  the  dollar  valuation  of  the  taxable  prop- 
erty ot  such  cities  aforesaid,  and  the  territory  thereto  attached 
for  school  purposes,  to  be  assessed,  collected,  and  paid  in  the 
same  manner  as  are  the  school  taxes  of  such  cities;  and  all 
money  appropriated  or  collected  by  tax  for  such  library  shall 
be  expended  under  the  direction  of  said  library  committee 
in  the  purchase  of  such  books,  pamphlets,  papers,  magazines,, 
periodicals,  and  journals,  as  may  be  deemed  suitable  for  the 
public  school  library,  and  in  payment  of  all  other  costs  a::d 
charges,  including  the  salaries  of  the  librarian  and  assistants^ 
that  may  be  incurred  in  maintaining  such  libraries,  the  bills 
and  pay-rolls  for  which  said  expenditures,  shall,  upon  the 
order  of  the  library  committee,  be  certified  by  the  chairman 
and  secretary  of  such  committee,  and  paid  by  the  treasurer  of 
the  board  of  education  of  said  city  from  such  library  fund. 
[55  V.  541,  §  2;  76  v.  97,  §  4 ;  78  v.  176] 


CHAPTER  0. 


SCHOOLS,  AND  ATTENDANCE  ENFORCED. 


Section 
4007.    Sufficient  schools  must  be  provi- 
ded. 

Schools  for  colored  children. 

Schools  oi  higher  grade  than  pri- 
mary. 

Schools  at  "children's  homes" 
and  county  infirmaries. 

Youth  may  be  s  nt  to  charity 
school  at  Zanesville. 

4012.  Evening  scho->ls. 

4013.  Who  may  be  admitted  to  public 

schools". 

4014.  Suspension  and  expulsion  of  pu- 
pils. 

Teachers  may  dismiss  schools  on 
holidays. 

School  year,  month,  and  week. 

board  to  control  schools,  and  ap- 
point officers. 


4008. 
4009. 


4010. 
4011. 


401? 


4016. 
4017. 


Section 

4018.  Directors  to  employ,  pay,  and  dis- 

miss teachers. 

4019.  Teacher  dismissed  for  insufficient 

cause  may  institute  suit. 

4020.  Board  to  determine  studies  and 

text-books.  I 

4021.  When    German    language    to ,  be 

taught,  etc. 

4022.  Pupils  may  be  sent  from  one  dis- 

trict to  another.  '. 

4025.  Boards   to  ascertain  condition^of 

children  not  at  school.  t 

4026.  When   board    may   supply   pupil 

with  books. 

4027.  Penalties  against  violation  of^pre- 

ceding  provision. 
4029.    What  is  equivalent  to  attendance 
on  day  school. 


Sufficient 


Secti  )N  4007. 


SCHOOLS. 

Each  board  of  education  shall  establish  a 


^^proviS*      sufficient  number  of  schools  to  provide  for  the  free  education 
of  the  youth  of  school  age  within  the  district  under  its  control^ 


Section  4007  (a).     In  determining  the  question  as  to  how  many  schools 
are  necessary  in  the  districts,  either  of  townships,  villages,  or  cities,  three 


SCHOOL  officers'  guide.  8 1 


Schools,  and  Attendance   Enforced.  Ch.  9. 

at  such  places  as  will  be  mo3t  convenient  for  the  attendance 
of  the  largest  number  of  such  youth,  and  shall  continue  each 
and  every  day  school  so  established  not  less  than  twenty-four 
nor  more  than  forty-four  weeks  in  each  school  year  ;  and  each 
township  board  of  education  shall  establish  at  least  one  pri- 
mary school  in  each  sub-district  under  its  control.  [75  v.  513, 
§50.1 

[>ection  4008,  which  authorized  boards  of  education  to 
provide  separate  schools  for  colored  children,  was  repealed 
February  22,  1887.     See  notes.] 

Sec.  400  ^.     Any  board  of  education  may  establish  one  or  Boards  of  edu- 
more  schools  of  higher  grade  than  the  primary  schools,  when-  ostabu^"^ 
ever  it  deems  the  establishment  of  such  school  or  schools  higher^grade 
proper  or  necessary  for  the  convenience  or  progress  of  the 
pupils  attending  the  same,  or  for  the  conduct  and  welfare  of 
the  educational  interests  of  the  district;  and  such  school  or 
schools  when  so  established,  shall  not  be  discontinued  under 
three  years  from  the  time  of  the  establishment  thereof,  except 
by  a  vote  of  three-fourths  of  the  members  of  the  board  of  edu- 
cation of  each  township.     [75  v.  513,  §  50;  79  v.  37.] 


than  primary. 


things  should  be  carefully  considered  :  1.  Convenience  of  access.  2.  Econ- 
omy in  expenditures.  8.  A  proper  grading  and  classification  of  the  pupils, 
in  cases  where  grading  is  possible. 

Under  the  first  item,  a  due  regard  should  be  had  to  the  arrangement  of   Schools  should 
"  ,,,...      he  convenieiit- 

the  population.     In  some  cases  the  geographical  center  of  the  district  is   ly  located. 

not  the  center  of  population,  nor  will  it  always  do  utterly  to  disregard  the 

rights  of  minorities,  and  place  the  school  in  the  exact  center  of  population, 

when  this  will  force  a  respectable  number  of  children  to  travel  excessive 

distances. 

There  is  no  reason  why  two  or  more  school-houses  or  two  or  more   _ 

•'  Two  or  more 

school-rooms  may  not  be  provided  in  a  sub-district.  s.chool  rooms 

in  a  sub-dis- 
(b)     The  law  is  absolute  in  its  requirements  to  continue  all  schools  to    trict. 

which  public  money  is  applied  at  least  twenty-four  weeks.     The  law  does    Schools  mw^^x 

not  limit  boards  of  education  to  this  period,  however,  and  if  the  time  is    twent\"four 

lengthened  as  to  the  schools  for  any  portion  of  the  inhabitants  of  a  town-   weeks. 

ship  district,  it  must  be  equally  lengthened  for  all  such  inhabitants.     This 

does  not  imply  that  all  the  grades  of  a  system  of  schools  accessible  to  all 

the  pupils  of  a  district  must  be  kept  up  as  long  as  the  other  grades.     But  if 

the  high  or  grammar  schools  for  one  part  of  the  district  be  kept  up  for  a 

given  time,  such  grades  for  other  parts  of  the  district  must  be  continued  as 

long.     See  section  3967.     That  this  same  rule  is  to  govern  in  the  case  of 

different  parts  of  a  city  district,  see  fourth  item  enumerated  under  section 

3969. 


82  OHIO    SCHOOL    LAWS. 


Ch.  9.  Schools,  and  Attendance  Enforced. 

Sec.  4009a.  For  the  purpose  of  providing  such  schools 
of  higher  grade,  any  township  district,  village  and  special 
district,  situate  within  the  boundaries  of  such  township  may 
be  united  together  and  organized  as  a  special  district  for  high 
school  purposes,  by  a  vote  of  the  electors  of  such  township  at 
any  general  election  as  herein  provided. 

Sec.  40096.     Any  ten  or  more  of  the  qualified  electors  of 

Vote  on  union  ^  •       -,         •  -ii  ■,-        •  -it-. 

of  districts  for  any  township  having  a  village  district,  or  special  district 

high  school  "^  ^  .  . 

purposes:  ap-     within  its  limits,  may  give  ten  days'  notice  before  any  gen- 

pointment  of  ^  j    o  j  ^     n 

board  of  edii-    Q^aX  election  that  a  separate  vote  will  be  taken  at  the  next 

cation  for  ^ 

high  school.  general  election  in  said  township,  in  each  of  the  districts  pro- 
posed to  be  so  united,  on  the  proposition  to  unite  such  village, 
township  district,  or  special  district,  or  any  two  of  said  dis- 
tricts, for  high  school  purposes.  Such  notice  shall  be  suf- 
ficient, if  given  by  publication  in  a  newspaper  published  and 
of  general  circulation  in  said  township,  and  by  being  con- 
spicuously posted  in  at  least  three  public  places  in  each  of 
the  districts  interested.  At  such  next  general  election  held 
a  ter  publication  of  such  notice,  all  electors  voting  in  favor 
of  such  union  shall  have  written  or  printed  on  their  ballots, 
"Special  District  for  High  School  Purposes — Yes;"  and  all 
electors  voting  against  such  union  shall  have  written  or 
printed  on  their  ballots,  "  Special  District  for  High  School 
Purposes — No."  If  a  majority  of  the  ballots  cast  on  the  propo- 
sition in  each  of  said  districts  have  on  them  the  words, 
'■Special  District  for  High  School  Purposes — Yes,"  such  vil- 

*  4008  (a).  The  power  to  establish  and  maintain  separate  schools  for 
colored  children  was  conferred  on  boards  of  education  by  section  4(^08  and 
not  by  section  401 3  of  the  Revised  Statutes.  "Whilst  under  the  latter  sec- 
tion power  is  conferred  on  boards  of  education  to  make  such  OFsignnients  of 
the  youth  of  their  respective  districts,  to  the  schools  established  by  them, 
as  will,  in  their  opinion,  best  promote  the  interest  of  education  in  their 
districts,  such  power  cannot  be  exercised  with  reference  to  the  race  or  color 
of  the  youth;  and  section  4008  having  been  repealed  by  the  act  of  the  Gen- 
eral Assembly  passed  February  22,  1887  (84  Ohio  L.,  34),  separate  schools 
for  colored  children  have  been  abolished,  and  no  regulation  can  be  made 
under  section  4013,  that  does  not  apply  to  all  children,  irrespective  of  race 
or  color.    45  O.   S.,  556. 

*(6).  The  fact  that  prior  to  the  repeal  of  section  4008,  a  board  of  edu- 
cation had,  under  its  provisions,  established  a  separate  school  for  colored 
children,  does  not  authorize  it  to  continue  the  same  after  such  repeal,  and 
to  require  the  colored  children,  against  their  will,  to  attend  the  same.  2  O. 
Circuit  Court  Rep.,  557. 


SCHOOL    officers'    GUIDE.  83 

Schools  and  Attendance  Enforced.  Ch.  9. 

lage,  township  and  special  districts,  or  any  two  of  said  dis- 
tricted, shall  thereafter  be  united  as  a  special  district  for  high 
school  purposes  ;  and  the  judges  of  such  election  shall  certify 
to  the  court  of  commoa  pleas  of  the  county  in  which  such 
township  is  situate,  the  result  of  such  election,  which  certifi- 
cate shall  be  placed  upon  the  journal  of  said  court;  where- 
upon said  court  shall  appoint  three  judicious  persons,  one  for 
one  year,  one  for  two  years,  and  one  for  three  years,  residents 
of  said  township,  as  the  board  of  education  of  such  special 
district  for  high  school  purposes,  one  member  of  such  board 
of  education  to  be  elected  every  year  ft]  hereafter,  to  hold 
said  office  for  three  years,  or  until  his  successor  is  elected. 
Such  board  of  education,  when  so  appointed,  shall  have  all 
the  powers  now  conferred  by  law  upon  other  boards  of  educa-- 
tion.     [82  V.  128.] 

Sec.  4010.     The  board  of  any  district  in  which  a  chil-  sehooisnt 
dren's  home  or  orphans'  asylum  is  or  may  be  established  by  homes, or- 

,.,  A       •     n  •  1  11.11      phans'  asy- 

law,  or  in  which  a  countv  innrmary  is  or  may  be  established,  inmsand  in- 

■■  flrmaries:  how 

shall,  when  requested  by  the  board  of  trustees  of  such  chil-  sustained. 

*  Sec.  4009  (a).  One  of  the  most  encouraging  features  of  the  develop- 
ment of  our  public  school  system,  is  the  rapid  growth  of  the  higher  educa- 
tion, particularly  in  the  township  districts.  The  establishment  of  town- 
ship high  schools  is  going  forward  in  increasing  numbers  with  each 
succeeding  year.  The  people  seem  to  be  growing  into  the  conviction  that 
the  higher  education  is  a  necessity  in  a  republic,  and  that  the  cheapest  and 
best  place  for  their  children  to  obt-iin  this  education  is  at  home,  under  their 
own  eye. 

{h).     This  authority  applies  to  all  boards  of  education,  including  town-    To  whom  ap- 
sliip  boards.     If  such  higher  grade  of  school  is  in  a  sub-district  and  exclu-    by  w^hmn^wi 
sively  for  the  use  of  such  sub-district,  it  is,  like  primary  schools  so  situated,    troUed. 
under  the  provisions  of  section  4018.     If  it  is  designed  for  the  attendance 
of  children  from  all  of  the  sub-districts,  under  a  general  rule  that  all  of  a 
certain  grade  of  scholarship  may  attend  it,  without  special  assignment  of 
individual  pupils  thereto,  it  is  practically  a  township  high  school,  and 
under  the  management  of  the  township  board  of  education,  though  it  is,  of 
necessity,  located  within  the  territory  of  some  sub-dictrict.     This  is  evident 
from  the  fact  that  the  full  control  of  the  public  schools  of  each  district  is, 
under  section  4017,  in  the  hands  of  the  board  of  education  of  such  district, 
except  only  as  provided  in  section  4018. 

(c).     An  order  for  the  payment  of  a  teacher  of  a  township  high  school 
should  be  signed  by  the  president  and  countersigned  by  the  clerk  of  the    teacher  how 
board  of  education.     See  section  4047.  signed. 

*  {d).  Of  course  the  superintendent  of  the  schools  of  a  township,  is  en- 
titled, under  the  direction  of  the  township  board,  to  exercise  the  same  au- 
thority that  is  exercised  by  a  superintendent  of  city  schools. 


84  OHIO  SCHOOL  laws. 


Ch.  9.  Schools,  and  Attendance  Enforced. 

dren's  home,  orphans'  asylum  or  the  directors  of  such  infirm- 
ary, establish  in  such  home,  asylum  or  infirmary  a  separate 
school,  so  as  to  aflbrd  to  the  children  therein,  as  far  as  practi- 
cable, the  advantages  and  privileges  of  a  common  school  edu- 
cation ;  such  schools  at  infirmaries  shall  be  continued  in 
operation  each  year  until  the  full  share  of  all  the  school  funds 
of  the  district  belonging  to  such  children,  on  the  basis  of 
enumeration,  is  expended,  and  at  such  homes  and  asylums 
not  less  than  forty-four  weeks,  if  the  distributive  share  of 
school  funds  to  which  such  school  at  any  such  home  or  asy- 
lum is  entitled  by  the  enumeration  of  children  in  the  insti- 
To  be  under  tution  is  not  sufficient  to  continue  the  schools  the  length  of 
tmsYees^of  in-  time  hereby  required,  the  deficiency  shall  be  paid  out  of  the 
stitutions.  funds  of  the  institution;  all  schools  eo  established  in  any 
such  home,  asylum  or  infirmary,  shall  be  under  the  control 
and  management  of  the  respective  boards  of  trustees  or  di- 
rectors of  such  institution,  which  boards  of  trustees  or  direc- 
tors shall,  in  the  control  and  management pf  such  schools,  as 
far  as  practicable,  be  subject  to  the  same  laws  that  boards  of 
education  and  other  school  officers  are,  who  have  charge  of 
the  common  schools  of  such  district ;  in  the  establi?hmerjt  of 
such  schools  the  commissioners  of  the  county  in  which  such 
children's  home,  orphans'  asylum  or  county  infirmary  is  es- 
tablished, snail  provide  the  nece&^sary  school-room  or  rooms, 
furniture,  fuel,  apparatus  and  books,  the  cost  of  which  furni- 
ture, fuel,  apparatus  and  books  for  the  schools  of  such  homes, 
infirmaries  and  asylums,  shall  be  paid  out  of  the  funds  pro- 
vided for  such  institutions;  and  the  board  of  education  shall 
incur  no  expense  in  supporting  such  schools.  [75  v.  513,  §  50 ; 
76  v.  75,  §  1 ;  80  v.  217.J 
Youth  maybe  Sec.  4011.    The  board  of  education  of  the  city  of  Zanes- 

Ichoo?  a?*^"^^  ville  may  contract  with  the  trustees  having  the  management 
of  any  fund  which  has  been  provided  by  gift,  devise,  or  be- 
quest for  the  establishment  or  support  of  a  school  or  schools 
for  poor  children  therein,  for  the  admission  to  any  such  school 
of  children  resident  in  the  city,  and  pay  to  such  trustees,  out 
of  the  school  funds  under  its  control,  such  tuition  fee  as  may 
be  agreed  upon  for  each  scholar  so  admitted,  but  not  entitled 
to  admission  according  to  the  terms  of  such  gift,  device,  or 
bequest,  and  also  provide  for  such  right  of  visitation  or  con- 
trol of  such  school  or  schools  by  the  board  as  may  be  agreed 


Zanesville. 


SCHOOL    officers'    GUIDE.  85 

Schools,  and  Attendance  Enforced.  Ch.  9. 

upon;  such  school  or  schools  shall  be  kept, at  the  least,  equal 
in  grade  and  efficiency  to  the  corresponding  public  schools  of 
the  state,  and  every  such  contract  shall  expire  in  three  years 
from  the  time  of  its  execution,  unless  renewed  or  extended 
by  agreement;  but  this  section  shall  in  no  manner  apply  to 
any  school  or  schools  supported  or  controlled  by  any  church, 
congregation,  sect,  or  religious  denomination  or  association  of 
any  kind.     [75  v.  530,  §  1.] 

Sec.  4012.  In  any  district  composed,  in  whole  or  in  ^(J^^^jji'^s 
part,  of  a  city  or  village,  the  board  may,  at  its  discretion, 
provide  a  suitable  number  of  evening  schools  for  the  instruc- 
tion of  such  youth  as  are  prevented  by  their  daily  vocation 
from  attending  day  schools,  subject  to  sach  regulations  as  the 
board  may,  from  time  to  time,  adopt  for  the  government 
thereof.     [72  v.  29,  §  51.] 

Sec.MOIo.     The  schools  of  each  district  shall  be  free  to  ail  „  ^,.     ^    , 

•  Public  schools. 

youth  between  six  (6)  and  twenty -one  (21)  years  of  age,  who 
are  children,  wards,  or  apprentices  of  actual  residents  of  the  admitted  to. 
district,  including  children  of  proper  age,  who  are  or  may  be 
inmates  of  a  county  or  district  children's  home  located  in  any 
such  school  district,  at  the  discretion  of  the  board  of  educa- 
tion of  the  township  in  which  said  school  district  is  located. 
Each  board  of  education  may  admit  other  persons  of  like  age 
upon  such  terms  or  upon  payment  of  such  tuition  as  it  may 
prescribe;  provided,  that  in  all  counties  which  do  not  con- 
tain a  city  of  the  first  grade  of  the  first  class,  in  such  case 
there  shall  be  credited  on  the  tuition  so  charged  the  amount 
of  school  tax  in  such  dictrict  for  the  current  school  year, 
which  may  be  paid  by  such  non-resident  pupil  or  a  parent 
thereof;  and  the  several  boards  shall  make  such  assignment 
of  the  youth  of  their  respective  districts  to  the  schools  estab- 
lished by  them,  as  will,  in  their  opinion,  best  promote  the  in- 
terests of  education  in  their  districts,  [70  v.  195,  §  '1;  77  v. 
196;  8i  V.  69.] 

Sec.  4013  (a).     Children  cannot,  as  a  matter  of  right,  attend  the  schools 
of  sub-districts  in  which  they  do  not  reside,  and  to  which  they  have  not    ten^^n  their 
been  assigned  by  the  board  of  education.     The  local  directors  are  given  no    own  suh-dis- 
jurisdiction  in  such  matters. 

*  (6).  By  comparing  this  section  with  section  4030,  it  will  be  seen 
they  do  not  correspond  in  one  particular.  The  latter  says,  there  shall  be 
'  an  enumeration  of  all  unmarried  youth,"  while  in  this  section  there  is  no 


S6 


OHIO    SCHOOL    LAWS. 


Ch.  9. 


Schools,  and  Attcndar.ce  Enforced. 


suspension 
and  expulsion 
ol  pupils. 


Dismissal  of 
sctiools  on 
holidays. 


School  year, 
month,  and 
weeli. 


Sec.  4014.  No  pupil  shall  be  cuspended  from  school  by  a 
superintendent  or  teacher  except  for  such  time  as  may  be 
necessary  to  convene  the  board  of  education  of  the  district  or 
the  directors  of  the  sub  district,  and  no  pupil  shall  be  exfielled 
except  by  a  vote  of  two-thirds  of  such  board  or  directors,  and 
not  until  the  parent  or  guardian  of  the  offending  pupil  has 
been  notified  of  the  proposed  expulsion,  and  permitted  to  be 
heard  against  the  same  ;  and  no  Fcholar  shall  be  suspended  or 
expelled  from  any  school  beyond  the  current  term  theieof. 
[70  V.  195,  §  71.] 

Sec.  4015.  Teachers  employed  in  the  common  schools 
may  dismiss  their  schools,  without  forfeiture  of  pay,  on  the 
first  day  of  January,  the  twenty-second  day  of  Februar}',  the 
thirtieth  'Jay  of  May,  the  fourth  day  of  July,  the  twenty-fifth 
day  of  December,  and  on  any  day  set  apart  by  proclamation 
of  the  president  of  the  United  States,  or  the  governor  of  this 
state,  as  a  day  of  fast  or  thanksgiving.  [70  v.  195,  §  116;  79 
v.  87 ;  83  v.  73.] 

Sec.  4016.  The  school  year  shall  begin  on  the  first  day 
of  September  of  each  year,  and  close  on  the  thirty-first  day 


Electors  vote 
where. 


limitation  to  free  admission  into  school,  except  as  to  age.  It  was  doubtless 
intended  by  the  General  Assembly  that  the  two  sections  should  agree  on 
this  point.  That  they  do  not  is  owing,  it  may  be  presumed,  to  an  inadvert- 
ance. 

Under  this  section  persons  under  twenty-one  years  of  age,  though  mar- 
ried, are  entitled  to  all  the  privileges  of  the  schools  of  the  district  in  which 
they  reside,  notwithstanding  they  have  not  been  enumerated  in  the  school 
census,  and  in  consequence  can  draw  no  part  of  the  state  school  fund. 

(c).  Under  the  general  law,  sections  3898,  3916,  etc.,  boards  of  educa- 
tion are  elected  by  the  qualified  electors  of  their  district.  This  section  does 
not  change  this  provision.  Hence,  though  they  may  send  their  children  to 
the  school,  they  cannot  vote  in  any  district  except  where  their  home  is  situ- 
ated. 

Sec.  4014  (a).  The  father  of  a  child  entitled  to  the  benefits  of  the  pub- 
lic school  of  the  sub-district  of  his  residence,  may  maintain  an  action 
against  the  teacher  of  the  school  and  the  directors  of  the  sub-district,  for 
damages  for  wrongfully  expelling  the  child  from  school.  Eoe  v.  Deming  et 
at.,  21  O.  S.,  666. 

.         ,  (6).     The  parent  has  no  right  to  interfere  with  the  order  or  progress  of 

pupils  at  home    the  school  by  detaining  his  child  at  home,  or  by  sending  him  at  times  that 
by  parent.  ,  ,    j ^_  .^i 01  t ceo 


Right  to  at- 
tend not  ab- 
solute. 


prove  an  annoyance  or  hindrance  to  others.    31  Iowa,  568. 

The  right  to  attend  school  is  not  absolute,  but  conditional  on  compli- 
ance with  the  rules.    48  Vt.,  473. 


SCHOOL  officers'  guide.  87 

ScIiooIb,  and  Attendance  Enforced.  Ch.  9. 

of  August  of  the  succeeding  year;  and  a  school  week  shall 
consist  of  five  days,  and  a  school  month  of  four  school  weeks. 
[70  V.  215,  g  70;  72  v.  181,  §  6.] 

Sec.  4017.     The  board  of  education  of  each  district  shall 

Bosrd  to  con- 
have  the  management  and  control  of  the  public  schools  of  the   troi  schools 

^  ^  and  appoint 

district,  with  full  power,  subject  to  the  provisions  of  the  next  ofiicors. 
section,  to  appoint  a  superintendent  and  assistant  superin- 
tendents of  the  schools,  a  superintendent  of  buildings,  and 
teachers,  janitors,  and  other  employes,  and  fix  their  salaries 
or  pay,  which  salaries  or  priy  shall  not  be  either  increased  or 

®  4015  (a).  Hiring  teachers  by  the  day  does  not  afTect  their  rights  under 
this  section. 

(6).  It  is  held  in  Michigan  that  "school  management  should  always 
conform  to  those  decent  usages  which  recognize  the  propriety  of  omitting 
to  hold  exercises  on  recognized  holidays.  All  contracts  for  teaching  during 
periods  mentioned  must  be  construed  of  necessity  as  subject  to  such  days 
and  there  can  be  no  penalty  laid  upon  such  observances,  in  the  way  of  for- 
feitures or  deductions  of  wages."     39  Mich.,  484. 

Sec.  401G.     Teachers  have  no  right,  without  express  authority  of  the    Making  up 
board  of  education,  to  make  up  lost  time  by  teaching  on  Saturday  or  on  a    Saturdays 
holiday.     The  custom  is  so  well  established  of  keeping  the  schools  in  session    ^"<^^  holidays, 
the  five  working  days  of  each  week  exclusive  of  Saturday,  and  of  dismiss- 
ing on  the  holidays  named,  that  to  change  this  custom  would  manifestly  re- 
quire action  by  the  board.     As  the  law  does  not  prescribe  the  days  of  the 
week  to  be  taught,  the  board  may,  under  section  3985,  authorize  the  inter- 
mission of  school  on  Monday  or  any  other  day  most  convenient  to  the  in- 
habitants.    In  a  few  districts  in  Ohio,  there  is  no  session  on  Monday. 

Sec.  4017  (a).  Boards  of  education  are  authorized  to  adopt  and  enforce  Board  to  en- 
necessary  rules  and  regulations  for  the  government  of  schools  under  their  ^"^ce  ncces- 
management  and  control.     Sewell  v.  Board  of  Education,  29  O.  S.,  89. 

"••■  (b).  The  assent  of  both  parties  must  be  given  to  a  contract  to  make  it    Proposition 
binding.     A  resolution  passed  by  a  board  of  education,  engaging  the  ser-    mav'tfe  with- 
vices  of  a  person  in  any  capacity,  may  be  withdrawn  at  any  time  before  the    d™wn. 
person  accepts.    40  Mich.,  84. 

(c).  Even  if  time  be  given  for  the  answer,  and  no  consideration  for 
this  delay  be  paid,  the  proposal  may  be  withdrawn  at  any  time  before  ac- 
ceptance. A  letter  mailed  or  a  telegram  sent  determines  the  time  accept- 
ance is  completed  and  the  contract  sealed.     Pollock  on  Contracts,  p.  8. 

(d).    If  a  teacher  is  employed   for   a  definite  time,  and,  during  the    Schools  closed 
period  of  his  employment,  the  district  officers  close  the  schools  on  account    contagious 
of  the  prevalence  of  contagious  diseases,  and  keep  them  closed  for  a  time,    '^i''®*'-^^- 
and  the  teacher  continues  ready  to  perform  his  contract,  he  is  entitled  to 
full  wages  during  such  period.     The  act  of  God  is  not  an  excuse  for  non- 
performance of  a  contract  unless  it  renders  performance  impossible ;  if  it 
merely  makes  it  difficult  and  inexpedient,  it  is  not  sufficient.     Although 


OHIO    SCHOOL    LAWS. 


Ch.  9. 


Schools,  and  Atteudance  Enforced. 


Directors  to 
employ,  pay, 
and  dismiss 
teachers. 


diminished  during  the  term  for  which  the  appointment  is 
made ;  but  no  person  shall  be  appointed  for  a  longer  time 
than  that  for  which  a  member  ot*  the  board  is  elected;  and 
such  board  may  dismiss  any  appointee  for  inefficiency,  neg- 
lect of  duty,  immorality,  or  improper  conduct.  [70  v.  195, 
§53.] 

Sec.  4018.  In  township  districts  the  directors  shall  em- 
ploy and  for  sufficient  cause  dismiss,  the  teachers  of  the 
schools  in  their  respective  sub  districts,  and  shall  fix  their 
salaries  or  pay,  which  salaries  or  pay  may  be  increa,sed  but 
not  diminished  in  aaaount  by  the  township  board,  and  shall 
not  exceed  in  the  aggregate,  in  any  year,  for  any  sub-district, 
the  amount  ot  money  to  which  the  sub-district  is  entitled 
for  the  purpose  of  tuition  for  such  year;  if  the  directors  of 


Molation  of 
contract. 


niider  sucli  circumstances  it  is  eminently  prudent  to  dismiss  school,  yet 
this  affords  no  reason  why  the  misfortune  of  the  district  should  be  visited 
upon  the  teacher.     Dewey  v.  Union  School  District  of  Alpena,  43  Mich.,  480. 

(«).  A  person  who  engages  to  teach  for  a  definite  term,  and  leaves  the 
school  without  just  cause,  cannot  sustain  an  action  for  services  already  ren- 
dered.   29  Vt.,  219. 

■■(/).  It  has  been  held  in  New  York  that  absence  of  a  teacher  for  a 
single  day  without  consent  of  the  trustees  annuls  the  contract.  New  York 
Code  of  Instruction,  pp.  705,,  723,  731 . 

But  a  teacher  abandoning  his  school  because  not  sustained  by  the 
trustees  in  the  enforcement  of  reasonable  rules  is  entitled  to  wages  for  the 
time  taught.     7  Vermont,  452 ;  55  Mo.,  149. 

*  (g).  The  discharge  ol  a  janitor's  duties  is  no  part  of  a  teacher's  work; 
and,  in  absence  of  a  contract  to  perform  such  duties,  he  is  under  no  legal 
obligation  to  do  so,  no  difference  what  may  have  been  the  custom  in  the 
district,  nor  how  long  acquiesced  in. 

The  teacher  cannot  compel  pupils  to  do  any  janitorial  work,  such  as 
building  fires  or  sweeping  school-houses.     97  111.,  375. 

*  (h).  Many  city  boards  of  education  have  as  one  of  their  standing  rules 
that  all  their  employes  shall  hold  their  positions  at  the  discretion  of  the 
board.  This  condition  in  a  contract  with  employes  hired  for  a  specified 
time  is  null  and  void.  The  statute  names  the  causes  for  which  an  ap- 
pointee may  be  dismissed,  and  that  appointee  can  be  dismissed  for  no  other. 
A  rule  of  a  board  of  education  cannot  override  a  state  law. 

*  4018.  (a).  No  teacher  can  be  employed  except  at  a  meeting  of  the 
board  of  directors,  and  by  a  majority  of  the  board.  If  the  meeting  is  a 
special  one,  each  member  must  have  been  notified  of  the  time  and  place  of 
holding  it.  If  a  teacher  goes  from  member  to  member  of  the  board,  and  gets 
their  individual  assent  to  his  employment,  on  certain  terms,  in  their  dis- 
trict, this  will  not  constitute  a  legal  contract. 


SCHOOL    OFFICERS     GUIDE. 


89 


Schools,  and  Attendance  Enforced. 


any  sub-district  fail  to  employ  a  teacher  for  their  school,  the 
township  board  shall  employ  such  teacher,  and  fix  the  salary 
to  be  paid ;  and  the  directors,  at  the  end  of  any  month,  or  at 
the  end  of  the  term,  shall  give  to  the  teachers  employed  by 
them  certificates  of  such  employment,  andof  services  rendered, 
addressed  to  the   township   clerk,   who,   upon   presentation 


Ch.  9. 


(6).  The  dismissal  is  business  and  must  be  transacted  at  a  meeting, 
as  set  forth  in  section  3918,  and  the  reasons  therefor  must  be  spread  upon 
the  minutes.     There  must  be  a  "sufficient  cause." 

(c).  Under  the  act  of  May  1,  1873,  (70  v.  195),  the  local  directors  of 
township  sub-districts  have  no  power  to  delegate  the  employment  of  teachers 
to  any  other  person,  nor  to  provide  for  their  payment  except  as  provided 
in  section  53  of  that  act;  and  a  contract  with  a  teacher  that'he  shall  employ 
an  assistant  if  one  be  necessary,  is  illegal  and  void  (State  v.  Williams,  29 
O.  S.,  161);  but  where  the  local  directors  employed  a  teacher,  and  fixed  his 
salary  at  $125  per  mouth  in  case  he  alone  should  be  able  to  teach  the 
school  to  their  satisfantion,  otherwise  the  teacher  to  employ  and  pay  an  as- 
sistant, and  such  teacher  performed  the  service  under  his  employment, 
without  the  aid  of  an  assistant,  to  the  satisfaction  of  the  directors,  who  cer- 
tified to  the  township  clerk  the  amount  due  to  the  teacher  under  the  con- 
tract. Held:  That  the  township  clerk  cannot  justify  his  refusal  to  draw 
an  order  on  the  township  treasurer  for  the  amount  certified,  on  the  ground 
that  the  contract  under  which  the  service  was  performed  was  against  public 
policy  and  void.     State  v.  Williams.     Jb. 

{d).  A  township  board,  supposing  that  local  directors  were  neglect- 
ing their  duties  under  the  provisions  of  the  act  of  March  14,  1853  (  51  v. 
429  ),  employed  a  teacher  for  a  sub-district,  who,  without  being  notified  by 
the  local  directors  to  desist,  taught  the  school  for  three  month,  and  received 
an  order  on  the  township  treasurer  for  his  wages.  Held:  That  the 
treasurer  could  not  rightfully  withhold  payment  of  the  order  upon  the 
ground  that  the  directors  had  not  been  neglectful  of  their  duties,  and  that 
the  exercise  thereof  by  the  board  of  education  was  unwarranted  by  the  facts 
in  the  case.     Case  v.  Wresler,  4  O.  8.,  561. 

(e).  Under  the  act  of  March  14,  1853  (  51  v.  429),  the  authority  and 
duty  conferred  by  the  statute  upon  the  local  directors,  to  employ  teachers 
and  certify  the  amount  due  them  for  services,  cannot  be  controlled  or  inter- 
fered with  by  any  order,  resolution,  or  rule  of  the  township  board,  fixing  a 
maximum  compensation  not  to  be  exceeded  by  the  local  directors  in  employ- 
ing teachers  in  any  sub-district.     11  O.  S.,  326. 

Where  a  township  board  entered  an  order  that  teachers  should  not  be 
employed  at  a  greater  compensation  than  twenty  dollars  per  month  and  the 
local  directors  employed  a  teacher  at  thirty  dollars  per  month,  and  certi- 
fied the  amount  due  him  for  his  services  at  that  rate,  to  the  township  clerk, 
it  became  the  duty  of  the  township  clerk  to  draw  an  order  in  conformity 
with  such  certificate  of  the  local  directors.     lb. 

(/).  The  directors  may  dismiss  a  teacher  for  sufficient  cause,  as 
incompetency,  negligence,  immorality.     In  case  the  teacher  brings  suit,  as 


Dismissal  is 
business. 


Power  to  cm- 
ploy  teiichers 
cannot  be 
delegated. 


Local  board 
neglecting 
duty,  town- 
ship board 
may  act. 


Wages  of 
teachers  fixed 
by  local  board. 


Dismissal  of 
teacher. 


90 


OHIO    SCHOOL    LAWS. 


Ch.  9. 


Schools,  and  Attendance  Enforced. 


Teachers  dis- 
inissecl  for   in- 
sufficient 
cause  may  in- 
stitute suit. 


thereof,  and  compliance  by  such  teachers  with  the  provisions 
of  section  forty -hvAidred  and  fifty-one,  shall  draw  orders  on  the 
township  treasurer  for  the  amounts  certified  to  be  due,  in 
favor  of  the  parties  entitled  thereto,  and  the  treasurer  shall 
pay  the  same.     [70  v.  195,  §  53.] 

Sec.  4019.  If  the  directors  of  any  sub-district  dismiss  any 
teacher  for  any  frivolous  or  insuflficient  reason,  such  teacher 
may  bring  suit  against  such  sub-district,  and  if,  on  the  trial  of 
the  cause,  a  judgment  be  obtained  against  the  sub  district,  the 
directors  thereof  shall  certify  to  the  clerk  of  the  board  the  sum  so 


Wages. 


Payment. 


Responsible 
for  care  of 
property. 


Decision 
against  sub- 
district. 


Certificate 
prima  facie 
evidence  of 
.';ompetency. 


he  may,  his  certificate  is  only  prima  facie  evidence  of  competency  and  char- 
acter, and  may  be  overbalanced  by  proof, 

(g).  If  the  sub-district's  share  of  the  state  fund,  increased  by  the 
amount  apportioned  for  tuition  by  the  township  board,  is  not  sufficient  to 
continue  the  school  at  least  six  months,  the  directors  should  appeal  to  the 
county  commissioners. 

(A).  Upon  making  out  a  monthly  report  and  presenting  it  to  the  clerk 
along  with  a  certificate  of  service  from  the  directors,  and  his  certificate  from 
the  county  examiners,  or  a  copy  thereof,  a  teacher  may  draw  his  salary 
monthly.     See  section  403L] 

(t).  The  teacher  may  be  held  responsible  to  the  board  or  directors  for 
the  efficient  discharge  of  every  duty  properly  attaching  to  the  office  of 
teacher,  including  the  oversight  and  preservation  of  school  buildings, 
grounds,  furniture,  apparatus,  and  other  school  property,  as  well  as  the 
more  important  work  of  instruction  and  government.  Such  labor,  however, 
as  sawing  wood,  making  fires,  and  sweeping  the  floors  in  the  school-house, 
is  no  appropriate  part  of  a  teacher's  duty ;  and  its  performance  by  the 
teacher  cannot  be  legally  enforced  by  the  board  or  directors,  unless  the 
teacher  has  voluntarily  stipulated  to  do  it.  The  cost  of  the  work  is  prop- 
erly chargeable  to  the  "  contingent  fund,"  and  in  all  well-regulated  districts 
and  schools  this  course  is  pursued.  If  teachers  voluntarily  assume  these 
duties  as  a  matter  of  convenience  vnd  economy  to  the  district,  they  may  do  so. 

(J).  A  township  clerk  cannot  refuse  to  draw  an  order  on  the  township 
treasury  for  the  payment  of  a  teacher's  wages,  on  the  ground  that  the  teach- 
er's contract  with  the  local  directors  contained  an  illegal  requirement  of 
such  teacher,  such  as  that  he  shall  exclude  all  colored  children ;  nor  on  the 
ground  that  the  township  board  of  education  directs  him  to  refuse  such 
order.    36  O.  S.,  429. 

Sec.  4019.  (a).  It  will  be  seen  that  a  decision  against  the  local  direc- 
tors of  a  sub-district  practically  renders  the  township  liable  for  the  amount 
of  the  judgment.     See  also  section  3987. 

(6).  Possession  of  a  certificate  is  prima  facie  evidence  of  competency 
and  good  character,  and  in  considering  these  facts  the  law  requires  only 
fair  attainments  and  ability,  and  the  usual  diligence  and  application  of  the 
teacher  in  discharging  his  duty.    36  111.,  71. 


SCHOOL    officers'    GUIDE.  9 1 


Schools,  and  Attendance  Enforced.  Ch.  9. 


found  due,  who  shall  issue  an  order  upon  the  township  treas- 
urer, to  the  person  entitled  thereto,  to  pay  the  same  out  of  any 
money  in  his  hands  belonging  to  such  sub  district,  and  appli- 
cable to  the  payment  of  teachers;  and  in  such  suits  process 
may  be  served  on  the  clerk  of  the  sub-district,  and  service 
upon  him  shall  be  sufficient.     [76  v.  58.  §  1.] 

Sec.  4020.     Each  board   shall   determine,   at   a  regular 

'  °  Board  to  de- 

meeting,  by  an  affirmative  vote  of  a  majority  of  all  its  mem-  J™^*'^!^^"^^^" 
bers,  the  studies  to  be  pursued,  and  the  text-books  to  be  used  ^^ooks. 
in  the  schools  under  its  control,  but  no  text-bock  shall  be 
changed,  nor  any  portion  thereof  altered  or  revised,  for  five 
years  after  its  adoption,  without  the  consent  of  three-fourths 
of  all  the  members  elected  to  the  board,  given  at  a  regular 
meeting;  and  all  branches  shall  be  taught  in  the  English 
language,  and  each  board  of  education  is  authorized  to  pur- 
chase direct  from  publishers  or  dealers,  at  the  lowest  whole- 
sale or  contract  prices,  fuch  necessary  school  text-books,  and 
other  school  supplies  as  may  be  determined  by  the  board,  and 
furnish  the  same  to  pupils  in  the  schools  under  its  control  at 
cost  price,  and  each  board  of  education  is  authorized  to  pay 
for  such  necessary  school  text-books  and  other  school  supplies 
out  of  the  contingent  fund  at  the  disposal  of  the  board.  [70 
V.  195,  §52;  82  v.  142.J 

(c).  This  prima  facie  evidence  throws  upon  the  plaintiff  the  burden  of 
sustaining  a  charge  against  the  teacher  of  incompetency,  immorality,  or 
dereliction. 

Sec.  4020  (a)  This  section  not  only  authorizes  boards  to  prescribe  a  Adoptfon  of  a 
course  of  study  and  tlie  text-books  to  be  used,  but  directs  that  they  shall  do  st*udy*^a°duty. 
it.  It  right'y  assumes  that  classification  and  system  are  essential  to  the 
economical  and  eflfcctive  conduct  of  its  schools.  The  question  is  not  settled 
by  finding  a  teacher  so  indifferent  to  real  success  that  he  is  willing  in  these 
days  to  sacrifice  the  interests  of  the  school,  of  society,  and  of  the  State,  by 
an  easy-going  acquiescence  in  inadequate  appliances  for  his  work. 

If  a  board  of  education  neglects  or  refuses  to  comply  with  this  peremp-    Mandamus  to 
tory  requirement  of  the  law,  it  is  manifest  that  any  tax-payer  may  secure    ^^°^P°   ^^  ^""^ 
such  action  by  mandamus  or  otherwise.     The  section  authorizes  the  board 
of  education  to  enforce  its  order  by  refusing  to  continue  in  school  a  pupil 
who,  being  able,  does  not  conform  to  it.     If  the  pupil  has  no  one  able  to 
supply  him  with  books,  the  board  should  supply  the  want  from  the  con- 
tingent fund;  see  section  402G.     Without  doubt,  a  township  board  may,  by 
injunction  or  otherwise,  enforce  its  rule  upon  local  directors  and  on  teachers    supply  books 
in  sub-districts.     Economy  and  efficiency,  and  not  individual  caprice,  should    when, 
be  the  guide  in  such  matters.     Changing  to  the  use  of  a  new  edition  of  a 


92 


OHIO    SCHOOL    LAWS. 


Ch.  9. 


Schools,  and  Attendance  Enforced. 


Alcoholic 
drinks  and  nar- 
cotics required 
brancheK  in  all 
educational 
luhtitutions 
supported  by 
the  State. 


Oral  instruc- 
tion sufficient 
compliince. 


'Certificates  to 
teach  after 
January  1,1890. 


Refusal  or  neg- 
lect cause  for  ^ 
dismissal  of 
teachers. 


To  provide  for  the  study  of  the  nature  of  alcoholic  drinks  and  narcotics 
and  their  eflects  on  the  human  system,  in  the  public  schools  of  the 
State  of  Ohio,  and  in  all  educational  institutions  supported  wholly  or 
in  part  by  public  money. 

Section  1.  Be  it  enacted  by  the  General  Assembly  of  the 
State  of  Ohio,  That  the  nature  of  alcoholic  drinks  and  nar- 
cotics, and  their  effects  upon  the  human  system  in  connec- 
tion with  the  subjects  of  physiology  and  hygiene,  shall  be 
included  in  the  branches  to  be  regularly  taught  in  the  com- 
mon schools  of  this  state,  and  in  all  educational  institutions 
supported  wholly  or  in  part  by  money  received  from  the  State; 
and  it  shall  be  the  duty  of  the  boards  of  education,  and  boards 
of  such  educational  institutions  to  make  provisions  for  such 
instruction  in  the  schools  and  institutions  under  their  juris- 
diction, and  to  adopt  such  methods  as  shall  adapt  the  same 
to  the  capacity  of  the  pupils  in  the  various  grades  therein; 
but  it  shall  be  deemed  sufficient  compliance  with  the  require- 
ments of  this  section  if  provision  be  made  for  such  instruction 
orally  only,  and  without  the  use  of  text-books  by  the  pupils. 

Sec.  2.  No  certificate  shall  be  granted  to  any  person  on 
or  after  the  first  day  of  January,  1890,  to  teach  in  the  common 
schools,  or  in  any  educational  institution  supported  as  afore- 
said, who  does  not  pass  a  satisfactory  examination  as  to  the 
nature  of  alcoholic  drinks  and  narcotic.'^,  and  their  effects  upon 
the  human  system. 

Sec.  3.  Any  superintendent  or  principal  of,  or  teacher 
in  an}'  common  school  or  educational  institution,  supported 


Dropping 
book  or  s 


Religious 
struction. 


book  is  not  a  change  of  text-books.  35  O.  S.,  368,  State  ex  rel.  Flowers 
V.  Board  of  Education. 

(6).  It  would  require  a  majority  of  all  the  members  composing  the 
tudy.   board  to  drop  a  text-book  or  a  course  of  study  once  adopted. 

Music,  drawing,  or  any  other  branch  of  school  studies  may  be  intro- 
duced by  the  board.  The  section  leaves  this  matter  to  the  wise  discretion 
of  the  board. 

(c).  The  constitution  of  the  State  does  not  enjoin  or  require  religious 
instruction,  or  the  reading  of  religious  books,  in  the  public  schools  of  the 
State.     Board  of  Education  of  Cincinnati  v.  Minor,  et  al.,  23  O.  S.,  211. 

The  legislature  having  placed  the  management  of  the  public  schools 
under  the  exclusive  control  of  directors,  trustees,  and  boards  of  education, 
the  courts  have  no  rightful  authority  to  interfere  by  directing  what  instruc- 
shali  be  given,  or  what  books  shall  be  read  therein.     lb.  211. 


A  SCHOOL    OFFICERS     GUIDE. 


J^F  .\-,^r     •  Schools,  and  Attendance  Enforced.  Ch.  9. 

as  aforesaid,  who  willfully  refuses  or  neglects  to  give  the  in- 
struction required  by  this  act,  shall  be  dismissed  from  his  or 
her  employment. 

Sec.  4.  This  act  shall  take  effect  and  be  in  force  from 
and  after  the  first  day  of  January,  18S9. 

Passed  April  11,  1888.     [85  v.  213.] 

Sec.  4021.     The   board  of  any  district  shall  cause  the 

"^  When  German 

German  language  to  be  taught  in  any  school  under  its  coa    imisnage  to  ix- 

°       °  ^  ■'  taught,  otc. 

trol,  during  any  school  year,  when  a  demand  therefor  is  made, 
in  writing,  by  seventy-five  freeholders  resident  of  the  district, 
representing  not  le?s  than  forty  pupils  who  are  entitled  to 
attend  such  school,  and  who,  in  good  faith,  desire  and  intend 
to  study  the  German  and  Engli>?h  languagc-s  together;  hut 
such  demand  shall  be  made  at  a  regular  meeting  of  the  board, 
and  prior  to  the  beginning  of  such  school  year;  and  any 
board  may  cause  the  German  or  other  language  to  be  taught 
in  any  school  under  its  control,  without  such  demand,  [70 
V.  195,  §  52.] 

Sec.  4022.  The  board  of  any  district  may  contract  with  pupUKmayu 
the  board  of  any  other  district  for  the  admission  of  pupils  into  diBiTktto""^ 
any  school  in  such  other  district,  on  such  terms  as  may  be  ''"°^^'^^- 

*  Sec.  1.  (a).  The  duty  of  boards  of  education  to  make  provision  for 
instruction  in  the  nature  of  alcoholic  drinks  and  narcotix!s,  and  their  effects 
on  the  human  system,  in  connection  with  the  subjects  of  physiology  and 
hygiene,  is  imperative,  and  if  these  boards  neglect  this  duty,  they  may  be 
compelled  to  its  performance  by  a  writ  of  mandamus. 

■'•■'  (6).  It  is  evidently  the  intent  of  the  law  that  physiology  and  hvgiene 
as  well  as  the  nature  of  alcoholic  drinks  and  narcotics,  shall  be  taught  to 
all  youth  attending  the  common  schools,  from  the  infants  entering  school 
for  the  first  time  up  to  the  senior  class  in  the  high  school ;  and  it  is  left  to 
the  ingenuity  of  boards  of  education  and  teachers  to  devise  the  kind  of  in- 
struction that  will  be  comprehensible  to  each  class  of  minds  in  this  wide 
range.  As  to  whether  this  teaching  shall  be  done  or  not,  neither  boards 
nor  teachers  are  allowed  any  discretion.  It  is  a  compulsory  law  of  the 
most  iron-clad  character. 

*  Sec.  3.  (a).  The  penalty  of  dismissal  from  employment  cannot  in 
equity  be  inflicted  on  superintendents,  principals,  and  teachers  for  not 
giving  the  instruction  required  by  the  above  act,  until  after  the  board  of 
education  has  made  proper  provision  for  such  instruction. 

Sec.    4021.      (a).     The   law   plainly    contemplates   English    schools, 
though  it  allows  the  teaching  of  other  languages  as  such,  and  upon  the    G^rmau'°°  ^" 
performance  of  certain  named  conditions  requires  the  board  to  have  the 
German  language  taught. 


94 


OHIO    SCHOOL    LAWS. 


Ch.  9. 


Schools,  and  Attendance  Enforced. 


Koanl  to  fi?r>cr- 
tain  condition 
children  not 
at  school. 


When  board 
inny  sujjply 
pupils  with 
books. 


Penalties 
apiinst  viola- 
tion of  pre- 
ceding pro- 
visions. 


Not  a  transfer. 


Tuition,  to 
whom  paid. 


Assignment 
of  pupils. 


agreed  upon  by  such  boards;  and  the  expense  so  incurred 
shall  be  paid  out  of  the  school  funds  of  the  district  sending 
such  pupils.     [73  v.  243,  §  64.] 

Sec.  4025.  Each  board  of  education  shall  ascertain,  on 
the  second  Monday  of  February  and  the  second  Monday  of 
September,  or  within  fifteen  days  thereafter,  each  year,  in 
such  manner  as  it  may  deem  most  expedient,  the  condition 
of  all  children  under  fourtf^en  years  of  age  within  its  jurisdic- 
tion employed  at  any  daily  labor,  or  who  are  not  in  attendance 
at  any  common  or  private  school,  and  shall  report  all  viola- 
tions of  this  chapter  to  its  clerk,  who  shall  at  once  proceed  to 
prosecute  each  and  every  such  offense.     [74  v.  57,  §  3.] 

Sec.  4026,  If  it  be  shown  to  the  satisfaction  of  the  board 
of  education  that  the  parent  or  guardian  has  not  the  means 
wherewith  to  purchase  for  his  child  or  children  the  necessary 
school-books  to  enable  him  to  comply  with  the  requirements 
of  this  chapter,  the  board  may  furnish  the  same,  free  of  charge, 
to  be  paid  for  out  of  the  contingent  fund  at  the  disposal  of  the 
board.     [74  v.  57,  §  4.] 

Sec.  4027.  A  parent,  guardian,  or  other  person,  who 
fails  to  comply  with  the  provisions  of  this  chapter,  shall  be 

(6).  While  it  is  natural  that  persons  of  foreign  birth  should  desire 
their  children  to  learn  the  tongue  of  the  mother  land,  it  is  wise  policy  for 
the  state  to  provide  that  all  children  in  the  public  schools  shall  learn  the 
language  of  this  country. 

Sec.  4022.  (a).  This  is,  of  course,  in  no  sense  a  transfer  of  the  child, 
and  as  certainly  not  of  his  parents,  to  the  district  or  sub-district  in  which 
he  is  permitted  to  attend  school  for  pay. 

(6).  The  tuition  agreed  upon  is  to  be  paid  on  the  proper  order  of  the 
clerk  of  the  board  of  education  which  sends  the  child,  to  the  treasurer  of 
the  district  to  which  he  is  sent, — see  last  clause  of  section  4047 — and  it  is  to 
be  disbursed  by  the  board  of  this  district.  Neither  local  directors,  indi- 
vidual members  of  the  board  of  education,  superintendents,  nor  teachers 
can  retain  or  disburse  it. 

(c).  Such  contracts  are  not  authorized  to  be  made  by  local  directors. 
As  to  pupils  residing  in  one  sub-district  and  seeking  to  attend  school  in 
other  sub-districts,  township  boards  "shall,"  as  we  have  seen  under  section 
4013,  "make  such  assignment  of  the  youth  of  their  respective  districts  to  the 
schools  established  by  them,  as  will,  in  their  opinion,  best  promote  the  in- 
terests of  education  in  their  districts."  Under  that  section,  there  is,  of 
course,  no  provision  for  paying  tuition.  Section  4017  puts  "in  the  boards 
of  education  the  management  and  control  of  all  the  public  schools  of  the 
district,  subject  only  to  the  provisions  of  section  4018."  Besides  this,  the 
local  board  has  no  control  of  money  with  which  to  pay  tuition. 


SCHOOL    OFFICERS     GUIDE.  95 

Schools,  and  Attendance  Enforced.  Ch.  9. 

Habit)  to  a  fine  of  not  less  than  two  nor  more  than  five  dollars 
for  the  first  offense,  nor  loss  than  five  nor  more  than  ten  dollars 
for  each  subsequent  offense  ;  such  fine  shall  be  collected  by  the 
clerk  of  the  board  of  education,  in  the  nameof  the  state,  in  an 
the  action  before  any  court  having  competent  jurisdiction;  and 
money  so  collected  by  each  clerk  shall, be  paid  to  the  county 
treasurer,  and  be  applied  to  the  use  of  the  common  schools  of 
his  district.     [74  v.  57,  §  ■'').] 

Sec.  4029.     Two  weeks'  attendance  at  half  time  or  night-  what  is  equiv- 

alent  to  atten- 

school,  shall  be  considered,  within  the  meaning  of  this  chap-   dance  on  day 
ter,  equivalent  to  an  attendance  of  one  week  at  a  day  school. 
[74  V.  57,  §  7.] 


TO  COMPEL  CHILDREN  UNDER   FOURTEEN    YEARS   OF    AGE   70   AT- 
TEND  SCH    OL  A  CERTAIN  LENGTH  OF  aiME  EACH    YEAR. 

Section  1.  Be  it  enacted  by  the  General  Assembly  of  the  State  ^^^^^^^^",^1 
of  Ohio,  That  all  parents,  guardians  and  other  persons  who  years"compei 
have  care  of  children  shall  instruct  them,  or  cause  them  to  be  schooi"'^'^^^ 
instructed  in  spelling,  reading,  writing,  English  grammar, 
geography  and  arithmetic,  and  every  parent,  guardian  or  other 
person  having  control  and  charge  of  any  child  between  the 
ages  of  eight  and  fourteen  years,  shall  be  required  to  send  any 
such  child  or  children  to  a  public  or  private  school  for  a  peri- 
od of  not  less  than  twenty  weeks  in  city  districts,  in  each 
year,  ten  weeks  of  which,  at  least,  shall  be  consecutive,  and  in 
village  and  township  districts  not  less  than  sixteen  weeks  in 
each  year,  eight  of  which  shall  be  consecutive,  unless  such 
child  or  children  are  excused  from  such  attendance  by  the 
superintendent  of  the  public,  private  or  parochial  schools  in 
cities,  or  by  authority  of  the  board  of  education  in  villages 
and  townships,  when  it  shall  have  been  shown  to  the  satisfac- 
tion of  said  superintendent,  or  said  board,  that  the  physical 
or  mental  condition  of  such  child  or  children  has  been  such 
as  to  prevent  his,  her,  or  their  attendance  at  school,  or  that 
said  child  or  children  are  taught  at  home  by  some  qualified 
person  or  persons  in  such  branches  as  are  usually  taught  in 
primary  schools. 


9^  OHIO  SCHOOL  laws. 


Ch.  9.  Schools,  and  Attendance  Enforced. 


emK'chu-  ^Ec.  2.     That  no  child  under  the  age  of  fourteen  years 

foTrte"nyears,  shall  be  employed  by  any  person,  company  or  corporation 
oertamcondi-"'  during  the  fchool  term,  and  while  the  public  pchoola  are  in 
session,  unless  the  parent,  guardian  or  other  person  having 
care  of  such  child,  shall  be  able  to  give  substantial  proof  that 
he  or  she  has  fully  complied  with  the  requirements  of  section 
1  of  this  act,  or  that  such  child  has  completed  the  usual 
course  of  primary  and  grammar  grades  in  some  public  or  pri- 
vate school,  and  such  person,  company  or  corporation  shall 
demand  such  proof  before  giving  employment  to  any  minor, 
and  fhall  make  a  record  of  said  proof  given,  and  shall  be 
required,  upon  the  request  of  the  officer  (  hereinafter  provided 
for)  to  allow  said  ofJicer  to  examine  the  said  record,  and  also 
the  record  as  provided  for  in  section  G986aa  of  the  Revised 
Statutes,  and  any  person,  company  or  corporation  employing 
any  child  contrary  to  the  provisions  of  this  act,  shall  be  liable 
to  a  penalty  of  fifty  dollars  for  each  ofiense,  to  be  recovered 
in  an  action  for  debt  in  any  court,  or  before  any  justice  of  the 
peace  having  jurisdiction,  and  such  action  shall  be  brought 
in  the  name  of  the  clerk  of  the  board  of  education. 
Regarding  mi-  Sec.  3.     That  all  minors  over  the  age  of  fourteen,  and 

tt-eu  and  under  Under  sixteen  years,  who  cannot  read  and  write  the  English 
cannot  read       language,  shall  be  required  to  attend  school  at  least  one-half 

and  write  Eng-       „  ,       ,  ,  •  i        i  .        .  , 

lish.  of  each  day,  or  to  attend  some  evening  school  organized  and 

maintained  by  the  board  of  education,  or  to  take  regular  pri- 
vate instruction  from  some  person  qualified,  in  the  opinion 
of  the  superintendent  of  schools  in  cities,  and  the  clerk  of  the 
board  of  education  in  villages  and  townships  to  teach  such 
branches,  until  he  or  she  shall  obtain  a  certificate  from  the 
superintendent  of  schools  in  cities,  and  the  clerk  of  the  board 
of  education  in  villages  and  townships,  certifying  that  said 
minor  can  read  at  sight,  and  write  legibly  simple  sentences 
in  the  English  language,  and  every  person,  company  or  cor- 
poration having  such  minor  in  employment  shall  be  required 

*Sec.  1.  (a).  According  to  the  statute  (Sec.  4010)  a  school  week 
consists  of  five  days.  And  as  this  section  says  that  children  between  eight 
and  fourteen  years  shall  be  sent  to  school  in  city  districts  not  less 
than  twenty  weeks  in  each  year,  and  in  other  districts  not  less  than  sixteen 
weeks,  the  obvious  and  rational  meaning  is  that  children  in  the  former  dis- 
tricts must  be  in  actual  attendance  at  school  not  less  than  one  hundred 


SCHOOL    officers'    GUIDE.  97 

Schools,  and  Attaneance  Enforced.  Ch.  9. 

to  exact  sach  school  attendance  from  such  minor,  andibe  pre- 
pared, upon  demand  of  the  hereinbefore  mentioned  officer,  to 
furnish  evidence  that  such  minor  does  comply  with  the 
requirements  of  this  act,  and  any  person,  company  or  corpor- 
ation failing  or  neglecting  to  exact  such  school  attendance 
from  such  minors  shall  be  liable  as  provided  for  in  section  2 
of  this  act ;  provided,  such  person,  company  or  corporation 
shall  not  have  made  provision  for  the  private  instruction  of 
such  minors. 

Sec.  4.     That  every  parent,  guardian,  or   other   person   havebeendis- 
having  charge  or  control  of  any  child  under  the  age  Oi  six-  employment 

1-1  ir  !•  •  1  ^y  reason  of 

teen  who  has  been  discharged  from  any  business  in  order  to  this  act. 
be  aflForded  an  opportunity  to  receive  instruction  or  schooling, 
shall  send  such  child  to  some  public!  or  private  school  until 
such  child  shall  have  required  such  instruction  as  section  8 
of  this  act  requires,  and  in  case  of  failure  on  the  part  of  said 
parent,  guardian  or  other  person  to  comply  with  the  provis- 
ions of  this  section  and  of  section  1  of  this  act,  unless  such 
child  shall  have  been  excused  from  such  attendance  by  the 
superintendent  of  public  schools  or  the  clerk  of  the  board  of 
education  in  villages  and  townships  for  reasons  stated  in  sec- 
tion 1  of  this  act,  such  parent,  guardian  or  other  person  shall 
be  deemed  guilty  of  a  misdemeanor,  and  shall,  on  conviction, 
be  liable  to  a  fine  of  not  less  than  five  dollars  or  not  more  than 
twenty  dollars  for  the  first  oflFense,  and  not  less  than  twenty  for 

days,  and  in  the  other  districts  not  less  than  eighty  days  in  the  year.  Any 
other  interpretation  of  this  act  might  readily  work  to  defeat  the  whole  pur- 
pose of  the  law,  for  pupils  might  be  on  the  roll  twenty  or  sixteen  weeks 
and  not  be  in  attendance  more  than  half  the  time,  as  "  enrollment  "  is  fre- 
quently defined.  From  the  spirit  that  breathes  through  this  whole  compul- 
sory act,  it  is  evident  that  a  proper  construction  of  its  language  should 
always,  in  doubtful  cases,  be  in  favor  of  the  education  of  that  class  of  youth 
for  whose  benefit  the  law  was  specially  made. 

*  (6).  It  will  be  seen  that  no  mention  is  made  in  this  act  of  the  teach- 
ing of  United  States  history  ,and  physiology  and  hygiene.  The  law  is 
mandatory,  of  course,  as  to  the  branches  mentioned  in  it,  but  as  the  pupils 
to  be  affected  by  the  act,  must  necessarily  be  classified  with  pupils  studying 
the  additional  branches  just  named,  it  would  be  an  unreasonable  interpre- 
tation of  the  law  to  hold  that  instruction  in  these  branches  is  prohibited 
by  it  to  any  of  the  pupils  thus  classified  together.  Of  the  value  of  such  in 
struction  no  intelligent  person  can  entertain  a  doubt. 

7 


98  OHIO   SCHOOL    LAWS. 


Ch.',  9.  Schools,  and  Attendance  Enforced. 


each  subsequent  oflFense,  or  to  imprisonment  for  not  less  than 
one  month  nor  more  than  three.  The  said  fines,  when  paid, 
to  be  added  to  the  public  school  funds  of  such  school  district 
in  which  the  offense  occurs. 

Habitual  Sec.  5.     That  all  children  between  the  ages  of  seven  and 

fourteen  years  who  are  habitual  truants  from  school,  or  while 
in  attendance  at  any  public  or  private  school  are  incorrigible, 
vicious  or  immoral  in  conduct;  and  all  children  between  said 
ages,_and  all  minors  between  the  ages  of  fourteen  and  sixteen 
who  cannot  read  and  write  the  English  language,  who  absent 
themselves!  habitually  from  school,  and  habitually  wander 
about  the  streets  and  public  places  during  school  hours,  having 
no;business  or  lawful  occupation,  shall  be  deemed  juvenile 
disorderly  persons  and  subject  to  the  provisions  of  this  act. 
Sec.  6,     That  in  cities  of  the  first  and  second  class  the 

tobeempioyed  board  of  education  of  said  cities  shall  be  required  to  employ 

ill  fiftrtftin 

cities.  one  truant  officer  to  assist  in  the  enforcement  of  this  act; 

said  truant  officer  to  be  vested  with  police  powers,  and  shall 
be  authorized  to  enter  factories,  workshops,  stores,  and  all 
other  places  where  children  may  be  employed,  and  perform 
such  other  services  as  the  superintendent  of  schools  or  the 
board  of  education  may  deem  necessary  to  the  preservation 
of  the  morals  and  good  conduct  of  school  children  and  for  the 
enforcement  of  this  act,  and  in  villages  and  townships  the 
board  of  education  shall  be  required  to  appoint  some  constable 
or  other  person  as  truant  officer,  with  same  power  as  said 
officer  has  in  said  cities,  and  the  compensation  of  such  officer 
shall  be  fixed  by  the  board  of  education. 
Truant  officers  ^^^'  '^ ■     That  the  truaut  officer  shall  make  daily  reports 

report^^  ^^^^^   to  the  superintendent  of  public   schools  during   the  school 
term  in  cities,  and  to  the  clerk  of  the  board  of  education  as 

*  Sec.  3.  (a).  It  will  be  best  that  the  board  of  education  shall  deter- 
mine before  the  opening  of  the  schools,  whether  these  half-day  pupils  shall 
come  to  school  in  the  forenoon  or  the  afternoon.  If  some  should  come  in 
the  forenoon  and  some  in  the  afternoon,  serious  interference  with  the  classi- 
fication and  progress  of  the  other  pupils  of  the  school  might  arise,  and  the 
advantage  be  less  to  the  half-day  pupils  themselves. 

*{h).  "Write  legibly  simple  sentences  in  the  English  language,"  evi. 
dently  means,  not  the  copying  of  such  sentences,  but  the  writing  of  them  at 
dictation. 

*  (c).    See  note  under  section  11. 


SCHOOL    OFFICERS     GUIDE.  99 

Schools,  and  Attendance  Enforced.  Ch.  9. 

often  as  the  clerk  shall  require  it  to  be  done  in  villages 
and  townships,  and  he  shall  also  keep  a  record  of  his  trans- 
actions, subject  to  the  inspection  of  the  members  and  officers 
of  the  board  of  education,  and  it  shall  be  the  duty  of  the  clerk 
of  the  board  oi  education  to  provide  suitable  blanks  for  said 
truant  officer. 

Sec.  8.     That  it  shall  be  the  duty  of  all  truant  officers  to  duties  of 

truant  omcers 

examine  into  all  cases  of  truancy  when  any  such  come  before 
their  notice,  or  when  requested  to  do  so  by  the  superintendent 
of  public  schools,  or  by  the  board  of  education,  and  to  warn 
such  truants,  their  parents  or  guardians,  in  writing,  of  the 
final  consequences  of  truancy  if  persisted  in,  and  also  to  notify 
the  parent,  guardian  or  other  person  having  the  charge  and 
control  of  any  juvenile  disorderly  person,  that  the  said  person 
is  not  attending  any  school,  and  to  require  said  pa.'-ent,  guar- 
dian or  other  person  to  cause  the  said  child  to  attend  some 
recognized  school  within  five  days  from  said  notice;  and  it 
shall  be  the  duty  of  said  parent,  guardian  or  other  person 
having  the  legal  charge  and  control  of  said  child,  to  cause 

*  Sec.  5  (a).  Many  different  meanings  are  likely  to  be  attached  to 
the  phrase  "habitual  truants,"  and  to  dravr  an  exact  line  of  definition  it  not 
easy,  indeed  scarcely  possible.  If  a  pupil  should  be  truant  once  each  week 
but  one-half  day,  he  should  undoubtedly  be  considered  an  habitual  truant 
And  should  he  be  a  truant  at  longer  intervals  than  a  week,  but  for  a  greater 
jength  of  time,  as  two  or  three  days  in  every  two  weeks,  it  would  be  still 
proper  to  class  him  as  an  habitual  truant.  But  should  he  be  truant  but 
once  a  month,  unless  his  absence  were  a  considerably  prolonged  one,  it 
might  be  a  question  whether  he  ought  properly  to  be  placed  in  the  class  of 
habitual  truants. 

It  will  be  wise  for  each  board  of  education  to  adopt  a  rule  for  itself  on 
this  point.  Such  a  rule  would  be  in  the  nature  of  information  to  the  public, 
and  do  much  to  remove  uncertainty  as  to  the  meaning  of  the  law.  Any 
reasonable  rule  would  almost  certainly  be  sustained  by  the  courts. 

*  (6).  As  to  the  disposition  to  be  made  of  "juvenile  disorderly  persons," 
see  section  8. 

*  Sec.  6.  It  will  be  seen  from  the  language  used,  that  the  appoint- 
ment of  a  truant  officer  is  mandatory,  not  merely  permissive,  and  if  any 
board  of  education  neglects  to  employ  such  an  officer,  such  board  may  be 
proceeded  against  by  mandamus  to  compel  it  to  peform  this  duty. 

*  Sec.  8.  The  rep3aling  clause  of  this  act  does  not  include  section  4027, 
R.  S.  As  the  penalties  prescribed  in  that  section  for  non-com  liance  with 
the  provisions  of  this  chapter  differ  from  those  prescribed  in  this  section 
courts  will,  of  course,  take  for  their  guidance  the  law  last  enacted. 


lOO  OHIO    SCHOOL    LAWS. 


Ch.  9.  Schools,  and  Attendance  Enforced 


the  attendance  of  8aid  child  at  some  recognized  school ;  if  said 
parent,  guardian  or  other  person  having  the  legal  charge  and 
control  of  said  child,  shall  willfully  neglect,  fail  or  refuse  to 
cause  said  child  to  attend  some  recognized  school,  it  shall  be 
the  duty  of  said  officer  to  make,  or  cause  to  be  made  a  com- 
plaint against  said  parent,  guardian  or  other  person  having 
the  legal  charge  or  control  of  such  child,  in  any  court  of 
competent  jurisdiction  in  the  city,  village  or  township  in 
which  the  offense  occurred,  for  such  relusal,  failure  or  neglect, 
and  upon  conviction  thereof,  said  parent,  guardian,  or  other 
person,  as  the  case  may  be,  shall  be  punished  by  a  fine  of  not 
less  than  five  dollars  nor  more  than  twenty  dollars,  or  the 
court  may,  in  its  discretion,  require  persons  so  convicted  to 
give  bonds  in  the  penal  sum  of  one  hundred  dollars,  with  one 
or  more  sureties  to  be  approved  by  said  court,  conditioned 
that  said  persons  so  convicted  shall  cause  the  child  or  children 
under  his  or  her  legal  charge  or  control  to  attend  some  recog- 
nized school  within  five  days  thereafter,  and  to  remain  at 
said  school  during  the  term  prescribed  by  law;  provided 
that  if  said  parent,  guardian  or  other  person  in  charge  of  such 
child  shall  prove  inability  to  cause  said  child  to  attend  said  rec- 
ognized school,  then  said  parent,  guardian  or  other  person  shall 
be  discharged,  and  said  court,  upon  complaint  of  said  truant 
officer  or  other  person,  that  said  child  is  a  juvenile  disorderly 
person,  as  described  in  section  5  of  this  act,  proceed  to  hear 
such  complaint,  and  if  said  court  shall  determine  that  said 
child  is  a  juvenile  disorderly  person  within  the  meaning  of 
this  act,  such  child  shall  be  deemed  guilty  of  a  misdemeanor^ 
and  said  court  shall  thereupon  sentence  said  child  to  some 
juvenile  reformatory,  or  c:>unt3'  children'cj  home,  until  such 
child  shall  arrive  at  the  age  of  sixteen  years,  unless  sooner 
discharged  by  the  board  of  trustees  of  said  reformatory  or 
home.  Provided,  however,  that  said  sentence  may  be  sus- 
pended in  the  discretion  of  the  court,  for  such  time  as  the 
child  shall  regularly  attend  school  and  properly  deport  him- 
self or  herself.  It  is  further  provided,  that  if  for  any  cause 
the  parent,  guardian  or  other  person  having  charge  of  any 
juvenile  disorderly  person,  as  defined  in  this  act,  shall  fail  to 
cause  such  juvenile  disorderly  parson  to  attend  said  recognized 
school,  then  complaint  against  such  juvenile  disorderly  per 


SCHOOL    OFFICERS     GUIDE.  lOI 

Schools,  and  Attendence  Enforced.  Ch.  9. 

son  may  be  made,  heard  and  tried,  and  determined  in  the 
same  manner  as  provided  for  in  case  the  parent  pleads  in- 
ability to  cause  the  juvenile  disorderly  person  to  attend  said 
recognized  school ;  and  it  is  further  provided,  that  no  child 
under  the  age  of  nine  years  shall  be  sent  to  any  juvenile  re- 
formatory or  children's  home  under  the  provisions  of  this  act. 

Sec.  9.  That  it  shall  be  the  duty  of  officers  empowered  Proceedings 
or  appointed  under  this  act  to  assist  in  the  enforcement  ?I  vloiatedf*' 
thereof,  to  institute,  or  cause  to  be  instituted,  proceedings 
against  any  parent,  guardian  or  other  persons  having  legal 
control  or  charge  of  any  child,  or  corporation  violating  any 
of  the  provisions  of  this  act;  provided,  that  this  law  shall 
not  be  operative  in  any  school  district  where  there  are  not  suffi- 
cient accommodations  to  seat  children  compelled  to  attend 
c'lDol  under  the  provisions  of  this  act,  and  that  no  prosecu- 
tion shall  be  instituted  against  any  parent,  guardian  or  other 
person  or  child  in  charge  of  such,  unless  they  have  received 
due  notification  from  an  officer  empowered  under  this  act  that 
they  are  acting  in  violation  of  this  act. 

Sec.  10.     When  any  truant  officer  shall  discover  to  his  when  this  act 

may  be  sub- 

ful  satisfaction  any  child  under  the  age  of  fourteen  vears,  pended  for  a 
whclly  or  partially  dependent  upon  his  or  her  own  labor  for  a 
living,  or  who  shall  be  the  support  of  others  unable  to  provide 
for  their  own  sustenance,  or  when,  in  the  judgment  of  the 
superintendent  of  the  schools,  or  the  board  of  education,  it 
may  be  necessary  for  such  child  to  contribute  to  the  support 
of  the  family  ot  which  he  or  she  is  a  member,  it  shall  be  the 
duty  of  said  truant  officer  to  report  such  case  to  the  proper 
authorities,  whose  duty  it  is  to  look  after  and  care  for  the 
poor,  and  to  endeavor  to  obtain  such  relief  as  may  release 
such  child  from  labor  for  such  length  of  time  each  year  as  will 
be  required  for  compliance  with  section  1  of  this  act ;  but  such 
child  shall  not  be  declared  a  pauper  or  removed  toany  infirm- 
ar}^  reformatory  or  children's  home,  unless  he  or  she  shall 
willfully  neglect  to  take  advantage  of  the  provisions  made  by 
said  truant  officer  for  his  or  her  relief  and  instruction ;  and 
said  truant  officer  failing  to  obtain  such  relief,  the  superin- 
tendent of  schools,  or  the  board  of  education,  may  make  suit- 
able arrangements  for  the  private  instruction  of  such  child 
while  so  adversely  conditioned. 


I02 


OHIO    SCHOOL    LAWS. 


Ch.  9. 


Schools,  and  Attendance  Enforced. 


Duty  of  teach- 
ers and  prin- 
cipals under 
this  act. 


When  corpora- 
tions violate; 
this  act. 


Penaky. 


Relating  to 
other  statutes. 


Sec.  11.  That  it  shall  be  the  duty  of  all  principals  and 
teachers  of  all  school?,  public  and  private,  to  report  to  the 
clerk  of  the  board  of  education  of  the  city,  village  or  town- 
ship in  which  schools  are  situated,  the  names,  ages  and  resi- 
dence of  all  pupils  in  attendance  at  their  schools,  together 
with  such  other  facts  as  said  clerk  may  require,  in  order  to 
facilitate  the  carrying  out  of  the  provisions  of  this  act,  and 
the  said  clerk  shall  furnish  blanks  for  said  purpose,  and 
said  reports  shall  be  made  in  the  last  week  of  September, 
December,  February  and  April  in  each  year. 

Sec.  12.  That  when  any  of  the  provisions  of  this  act 
are  violated  by  a  corporation,  proceedings  may  be  had  against 
any  of  its  officers  or  agents  of  said  corporation,  who  in  any 
way  participate  in,  or  are  cognizant  of  such  violation  by  the 
corporation  of  which  they  are  the  officers  or  the  agents,  and 
said  officers  or  the  agents  shall  be  subject  to  the  same  penal- 
ties as  individuals  similarly  offending. 

Sec,  13,  Any  person  or  officer  mentioned  in  this  act,  and 
designated  as  having  certain  duties  to  perform  in  the  enforce- 
ment of  any  of  its  provisions,  iieglecting  to  perform  any  such 
duties,  shall  be  liable  to  a  fine  of  not  less  than  twenty-five 
dollars  nor  more  than  fifty  dollars  for  each  and  every  oflFense. 

Sec.  14.  Any  provision  of  statutes  in  force  when  this 
act  takes  efi'ect  which  conflicts  with  any  provisions  of  this 
act,  shall  to  the  extent  it  is  inconsistent  with  the  latter,  and 
not  otherwise,  be  held  to  be  superseded  by  this  act.  The  pro- 
visions of  this  act  shall  apply  to  children  entitled  under  ex- 


*  Sec.  10.  The  spirit  of  this  law  is  a  liberal  one,  and  the  evident  pur- 
pose of  the  act  is  that  no  child  in  Ohio,  however  poor  and  humble,  shall 
fail  to  receive  the  rudiments  of  a  school  education.  Where  night-schools 
are  established,  they  can  be  made  available  for  the  instruction  of  the  class 
of  children  described  in  this  section.  The  import  of  the  last  part  of  the 
section  seems  to  be  that  the  superintendent  of  schools  or  the  board  of  edu- 
cation may,  after  all  other  means  have  been  exhausted,  pay  the  expense  of 
the  private  tuition  of  these  poor  children  out  of  the  public  school  fund. 

*  Sec.  11.  There  can  be  no  doubt  that  it  is  intended  to  include  pa- 
rochial schools  under  the  designation  "  private  schools." 

*  Sec.  13  (a).  Not  only  will  superintendents  of  schools,  clerks  of 
boards  of  education,  truant  officers,  principals  of  schools,  and  teachers,  be 
liable  to  a  fine  for  a  non-performance  of  the  duties  prescribed  by  this  act, 
but  also  members  of  boards  of  education. 

*  (6).     See  note  under  section  8. 


SCHOOL    OFFICERS     GUIDE.  IO3 

Schools,  and  Attendance  Enforced.  Oh.  9. 

isting  statutes  to  attend  schooh  at  the  institution  for  the  edu- 
cation of  the  blind,  and  the  deaf  and  dumb.  Other  provisions 
of  statutes  in  force,  relating  to  school  afiairs,  shall  not  be  af- 
fected by  this  act.  Sections  4023,  4024  and  4028  of  the  Re- 
vised Statutes  are  hereby  repealed. 

Sec.  15.     This  act  shall  take  efifect  January  1,  1890.   [86 
V.  333. 

*  Sec.  15.  When  the  title-page  to  this  edition  of  the  school  laws  was 
written,  the  fact  was  overlooked  that  this  ac^  did  not  go  into  effect  on  its 
passage.  All  the  other  laws  in  this  volume,  however,  were  in  force,  as 
stated  in  this  title-page,  on  the  15th  of  April,  1889,  the  day  the  Sixty-eighth 
General  Assembly  adjourned. 

*  Generai,  Note.  This  compulsory  law  is  one  of  the  most  important 
educational  measures  of  the  last  twenty-five  years.  Its  success  will  depend 
greatly  upon  the  interest  taken  in  it  by  school  superintendents  and  boards 
of  education.  If  they  enter  upon  its  enforcement,  with  the  same  spirit  tha 
is  to  be  found  in  the  law  itself,  a  class  of  children  from  which,  to  a  large 
extent,  has  been  recruited  the  great  army  of  criminals  in  our  state,  will,  in- 
stead, be  trained  into  good  citizenship,  and  thus  become  an  element  of 
strength  instead  of  weakness. 


104 


OHIO    SHOOL    LAWS. 


Ch.  10. 


Enumeration,  Treasurer  and  Clerk. 


CHAPTER  10. 


ENUMEEATION,  TKEASURER  AND  CLERK. 


Section 

4030.  Yearly  enumeration  of  youth  to 

be  taken. 

4031.  Qualification  and    pay   of    those 

taking  the  same. 

4032.  Clerk,  except    in    township    dis- 

tricts, to  employ  person  to  take 
it. 

4033.  Clerk  of  board  of  directors  to  take 

it  in  sub-districts. 

4034.  Enumeration    in    joint    sub-dis- 

tricts. 

4035.  Clerk  to  transmit  abstract  to  coun- 

ty auditor. 

4036.  When  the  clerk  fails,  auditor  to 

act. 

4037.  When  county  line  divides  original 

surveyed  township. 

4038.  When   enumeration    not    taken, 

district  not   entitled  to  school 
funds. 

4039.  Auditor   to   furnish   abstract   to 

state  commissioner. 

4040.  Duty  of  state  commissioner  when 

enumeration  excessive,  etc. 

4041.  Penalty  for  making  fraudulent  re- 

turns. 

4042.  Who    to   be  treasurer   of   school 

funds. 


Section 
4043.    Bond  of  treasurer,  and  duties  of 
board  in  reference  thereto. 

Annual   settlement    by    treasurer 
with  county  auditor. 

Penalty  for  failure  to  make  such 
settlement. 

Treasurer   to   report   balances  to 
board. 

When  treasurer  may  receive  or  pay 
money. 

Maximum  amount  of  funds  which 
treasurer  may  hold. 

Treasurer   to  deliver  money,  etc., 
to  successor. 

Bond  of  clerk. 

When  orders  of  clerk  for  teacher's 
pay  illegal. 

Quties  of  clerk  as  to  statistics,  etc. 

Publication  of   receipts  and  dis- 
bursements by  clerk. 
4054.    Clerk  to  deliver  books,  etc.,  to  suc- 
cessor. 

How  treasurer  and  clerk  to  keep 
account. 

Compensation    of    treasurer   and 
clerk. 


4044. 
4045. 


4046. 
4047. 


4048. 
4049. 


4050. 
4051. 


4052. 
4053. 


4055. 
4056. 


ENUMERATION. 


Yearly  enu- 
meration of 
school  youth. 


Sec  4030.  There  shall  be  taken  in  each  district,  annu- 
ally, during  the  two  weeks  ending  on  the  fourth  Saturday  in 
July,  an  enumeration  of  all  unmarried  youth,  noting  sex, 
between  six  and  twenty-one  years  of  age,  resident  within  the 
district,  and  not  temporarily  there,  designating  also  the  num- 
ber between  sixteen  and  twenty-one  years  of  age,  the  number 
residing  in  the  Western  Reserve,  the  Virginia  military  district, 
the  United  States  military  district,  and  in  any  original  sur- 
veyed township  or  fractional  township  to  which  belongs  sec- 
tion sixteen,  or  other  land  in  lieu  thereof,  or  any  other  lands 
for  the  use  of  public  schools,  or  any  interest  in  the  proceeds 
of  such  lands.    [71  v.  15,  §  77;  85  v.  192.] 


Who  should  be 
enumerated. 


Sec.  4030  (a).  The  annual  enumeration  should  include  all  unmarried 
youth  between  the  ages  of  six  and  twenty-one  years,  who  at  the  time  of 
taking  such  enumeration,  actually  dwell  or  have  their  home  in  the  district, 
whether  such  youth  constitute  a  part  of  the  family  of  their  parents  or 
guardians,  or  are,  in  'good  faith  and  for  a  continuance  of  time,  hired  to 
labor  or  service  in  a  family  actually  residing  in  such  district. 


SCHOOL    officers'    GUIDE.  I05 

Enumeration,  Treasurer  and  Clerk.  Ch.  10. 

Sec.  4031.  Each  person  required  or  employed  under  this  Jfon  ofymfth' 
chapter  to  take  such  enumeration  shall  take  an  oath  or  affirm-  t^^^^^^- 
ation  to  take  the  same  accurately  and  truly  to  the  best  of  his 
skill  and  ability.  When  making  return  thereof  to  the  proper 
officers,  he  shall  accompany  the  same  with  a  list  of  the  names 
of  all  the  youth  so  enumerated,  noting  the  age  of  each,  and 
with  his  affidavit  duly  certified  that  he  has  taken  and  returned 
the  enumeration  accurately  and  truly  to  the  best  of  his  knowl- 
edge and  belief,  and  that  such  list  contains  the  names  of  all 
the  youth  so  enumerated  and  none  others.  The  officer  to 
whom  such  return  is  required  to  be  made,  may  administer 
such  oath  or  affirmation  and  take  an^.  certify  such  affidavit, 
and  shall  keep  in  his  office  for  the  period  of  five  years  such 
report  and  list  of  names,  and  each  person  so  taking  and  re- 
turning the  enumeration  shall  be  allowed  by  the  proper  board 

.  Compensation 

of  education  reasonable  compensation  tor  his  services,  which  for  same. 
in  sub-districts'^shall  not  exceed  two  dollars  for  each  person 
authorized,  required  or  appointed  to  perform  the  service.    [71 
V.  15,  §  77 ;  80  v.  192.J 

Sec.  4032.     The  clerk  of  the  board  of  education  of  each   cierk,  except 
district,  other  than  township  districts,  shall  employ  a  suffi-  district's!  to* 
cient  number  of  competent  persons  to  take  and  return  to  him  s^s  t^o  take  it. 
the  enumeration  of  his  district,  in  the  manner  prescribed  in 
this  chapter.     [70  v.  195,  §  78.] 

Sac.  4033.    The  director,  who  is  clerk  in  each  sub-district, 

How  same 

shall  take,  or  cause  to  be  taken,  annually,  according  to  the  s^aii  be  taken 

'  *'  '  "^  in  townshiip 

p-  visions  of  this  chapter,  an  enumeration  of  youth  resident  ^^^^^^'^"^^^" 
within  his  sub-district,  and  return  a  certified  copy  thereof  to 
the  clerk  of  the  township  board  of  education;  if  any  such  di- 
rector fail  to  perform  such  duty,  and  make  said  return  on  or 
before  the  fourth  Saturday  in  July,  the  clerk  of  the  township 
board  shall  employ  a  competent  person  to  take  and  return  the 

(6).  If,  however,  a  youth  is  staying  temporarily  in  a  district  as  a 
boarder  or  visitor,  or  is  a  member  of  a  family  temporarily  in  the  district  and 
■whose  actual  residence  is  in  another  district,  such  youth  cannot  be  legally 
enumerated.  But  the  temporary  residence  of  a  family  in  a  district,  if  such 
family  have  at  the  time  no  other  residence,  does  not  exclude  the  children 
actually  living  in  and  belonging  to  such  family  from  the  enumeration. 

(c).  A  youth  can  be  legally  enumerated  in  but  one  district,  and  that 
is  the  district  in  which  he  actually  resides. 

*  (d).    See  note  (b),  section  4013. 


tricts. 


io6 


OHIO    SCHOOL    LAWS. 


Ch.  10. 


Enumeration,  Treasurer  and  Clerk. 


Enumeration 
in  joint  sub- 
districts. 


Clerks  to 
transmit  ab- 
stract of 
enumeration 
to  county 
auditor. 


When  the 
clerk  fails' 
auditor  to  act. 


enumeration,  give  him  an  order  on  the  treasurer  of  the  board 
for  his  compensation,  payable  from  the  contingent  fund,  and 
proceed  to  recover  the  amount  so  paid,  in  a  civil  action,  before 
any  court  having  jurisdiction  of  the  matter,  in  the  name  of 
the  state,  against  such  director;  and  the  money  so  collected 
shall  be  paid  to  the  treasurer  of  the  board,  and  credited  to  the 
contingent  fund;  but  in  a  township  district  which  is  not  di- 
vided into  sub-districts,  the  president  of  the  board  shall  take 
and  return  the  enumeration,  or  cause  the  same  to  be  done.  [7C 
V.  195,  §  33;  85  V.  193.] 

Sec.  4034.  The  enumeration  of  a  joint  sub-district  shall 
be  taken  by  the  clerk  of  the  board  of  directors,  who  shall 
transmit  a  certified  copy  thereof  to  the  clerk  of  the  board  of 
education  of  the  district  in  which  the  school-house  of  the  sub- 
district  is  situate,  and  designate  therein  the  number  of  youth 
residing  in  the  respective  fractions  of  townships  of  which 
the  sub-district  is  composed  ;  and  if  such  sub  district  is  com- 
posed of  parts  of  two  or  more  counties,  the  clerk  to  whom  the 
return  is  made  shall  transmit  a  certified  copy  thereof  to  the 
auditor  of  each  county  having  territory  within  the  sub-dis- 
trict.    [70  V.  195,  §  34 ;  71  v.  15,  §  77 ;  72  v.  63,  §  36.] 

Sec.  4035.  The  clerk  of  each  board  shall,  annually,  on 
or  before  the  first  Saturday  in  August,  make  and  transmit  to 
the  county  auditor,  an  abstract  of  the  enumeration  by  this 
chapter  required  to  be  returned  to  him,  according  to  the  form 
prescribed  by  the  commissioner  of  common  schools,  with  an 
oath  or  aflBrmation  indorsed  thereon  that  it  is  a  correct  ab- 
stract of  the  returns  made  to  him  under  oath  or  afl&rmation  ; 
and  the  oath  or  affirmation  of  the  clerk  may  be  administered 
and  certified  by  any  member  of  the  board  of  education,  or  by 
the  county  auditor.     [70  v.  195,  §  79 ;  85  v.  193.] 

Sec.  4036.  If  the  clerk  of  any  district  fail  to  transmit 
such  abstract  of  enumeration  on  or  before  the  first  Saturday 
in  August,  the  auditor  shall  at  once  demand  the  same  from 
such  clerk ;  and  in  case  the  enumeration  has  not  been  taken 
as  required  by  this  chapter,  or  the  abstract  required  be  not 
furnished  without  delay,  the  auditor  shall  employ  competent 
persons  to  take  such  enumeration,  who  shall  be  subject  to  the 
legal  requirements  already  specified,  except  that  the  return 
shall  be  made  directly  to  the  auditor,  who  may  administer  to 


SCHOOL    OFFICERS     GUIDE.  ID/ 

Enumeration,  Treasurer  and  Clerk.  Ch.  10. 

each  person  employed  the  oath  or  affirmation  required;  and 
the  auditor  shall  allow  the  persons  employed  by  him  a  reason- 
able compensation,  to  be  paid  out  of  the  general  county 
fund,  and  shall  proceed  to  recover  the  amounts  so  paid  in  civil 
action  before  any  court  having  competent  jurisdiction,  in  the 
name  of  the  state,  against  such  clerk  on  his  bond,  and  the 
amount  so  collected  shall  be  paid  into  the  general  county 
fund.     [70  V.  195,  §  80  ;  85  v.  193.] 

Sec.  4037.     If  parts  of  an  original  surveyed  township  or  „.^    . 

■^  c  ./  X-  When  county 

fractional  township  are  situate  in  two  counties,  the  auditor  Hne  divides: 

^  '  original  sur- 

of  the  county  in  which  the  smallest  part  is  situate  shall,  so  J^fp*^'**^^" 
soon  as  the  abstracts  of  enumeration  are  received  by  him  from 
the  clerks  of  the  boards  of  education,  certify  to  the  auditor  of 
the  county  in  which  the  largest  part  is  situate  the  enumera- 
tion of  youth  resiUi..  in  the  part  of  the  township  situate  in 
his  county  ;  if  parts  of  such  township  or  fractional  township 
are  situate  in  more  than  two  counties,  like  certificates  of 
enumeration  s-hall  be  transmitted  to  the  auditor  of  the  county 
containing  the  greatest  relative  portion  of  such  township,  by 
the  auditors  of  the  other  counties  containing  portions  thereof; 
when  it  is  uncertain  which  county  contains  the  greatest  rela- 
tive portion  of  such  township,  such  certificates  shall  be  trans- 
mitted to  the  auditor  of  the  oldest  county,  by  the  other  audi- 
tor or  auditors  ;  and  if  the  land  granted  by  congress  to  such 
township  or  fractional  township  for  the  support  of  public 
schools  has  been  sold,  the  auditor  to  whom  such  certificates 
are  transmitted  sliall  notify  the  auditor  of  state,  without 
delay,  that  such  enumeration  has  been  certified  to  him.  [70 
v.  195,  §§121, 100.] 

Sec.  4038.     If  an  enumeration  of  the  youth  of  a  district  when'enumer- 
be  not  taken  and  returned  in  any  year,  such  district  shall  not  fakenrtotricv 
be  entitled  to  receive  any  portion  of  the  school  funds  distrib-   "o^schooi^ 
utable  in  that  year  on  the  basis  of  enumeration  ;  and  if  such 
loss  to  a  district  occur  through  the  failure  of  the  clerk  of  the 
board  of  education  of  the  district  to  perform  the  duty  re- 
quired of  him  by  either  section  forty  hundred  and  thirty-two,  or 
forty  hundred  and  thirty-five,  he  shall  be  liable  to  the  district  ' 

for  the  loss,  which  may  be  recovered  in  an  action  in  the  name 
of  the  state;  and  the  money  so  recovered  shall  be  paid  into 
the  county  treasury,  and  apportioned  in  the  same  manner  as 


io8 


OHIO    SCHOOL    LAWS. 


Ch.  10. 


Enumeration,  Treasurer  and  Clerk. 


Auditor  to 
furnish'ab- 
«tract  to  state 
■commis- 
flioner. 


Duty'of  state 
commissioner 
when  enumer 
Ation  excess- 
ive, etc. 


Penalty.for 
making;  fraud 
ulent  returns. 


the  school  funds  so  lost  would  have  been  apportioned.     [70  v. 
195,  §§  120,  124.] 

Sec.  4039.  The  auditor  of  each  county  shall  make,  and 
transmit  to  the  state  commissioner  of  common  schools,  on  or 
before  the  third  Saturday  in  August,  in  each  year,  on  blanks 
to  be  furnished  by  the  commissioner,  an  abstract  of  the  enu- 
meration returns  made  to  him,  duly  certified.  [70  v.  195,  § 
81 ;  85  V.  193.] 

Sec.  4040.  When  the  state  commissioner  of  common 
schools,  on  examination  of  the  enumeration  returns  of  any 
district,  is  of  opinion  that  the  enumeration  is  excessive  in 
number,  or  in  any  other  way  incorrect,  he  may  require  the 
same  to  be  retaken  and  returned,  and  if  he  think  it  necessary 
he  may  for  this  purpose  appoint  persons  to  perform  the  ser- 
vice, who  shall  take  the  same  oath,  perform  the  same  duties, 
and  receive  the  same  compensation,  out  of  the  same  funds, 
as  the  ptrson  or  persons  who  took  the  enumeration  in  the 
first  instance,  and  the  school  fund  distributable  in  proportion 
to  enumeration  shall  be  distributed  upon  the  corrected  re- 
turns.   [70  V.  195,^75.] 

Sec.  4041.  An  officer  through  whose  hands  the  enumera- 
tion required  by  this  chapter  to  be  returned  passes,  who,  by 
percentage  or  otherwise,  adds  to  or  takes  from  the  number 
actually  enumerated,  shall  be  deemed  guilty  of  a  misdemeanor, 
and,  upon  conviction^of  such  ofifense,  shall  be  fined  in  an}'' 
sum  not  less  than  five  nor  more  than  one  thousand  dollars,  or 
imprisoned  in  the  county  jail  not  less  than  ten  nor  more  than 
thirty  days,  at  the  discretion  of  the  court.     [75  v.  195,  §  75.] 


Treasurer  of 
«chool  funds. 


TREASURER   AND    CLERK. 

Sec.  4042.  In  each  city  district  the  treasurer  of  the  city 
funds  shall  be  ex-oflicio  treasurer  of  the  school  funds ;  but  if 
the  county  treasurer  is  treasurer  of  the  city  funds,  the  board 
of  education  may  appoint  one  of  its  members  treasurer,  who 
shall  not  receive  any  compensation  for  his  services;  in  each 
township  district  the  treasurer  of  the  township  funds  shall 
be  ex-oflacio  treasurer  of  the  school  funds ;  and  in  each  village 
and  special  district  the  board  of  education  shall  choose  its  own 
treasurer,  whose  term  of  oflBcs  shall  be  for  one  year,  beginning 
on  the  first  day  of  September.     [70  v.  241,  §  44 ;  85  v.  193.] 


SCHOOL    OFFICERS     GUIDE. 


109 


Enumeration,  Treasurer  and  Clerk. 


Ch.  10. 


Sec.  4043.  Each  school  district  treasurer,  or  county  treas-  gf^g  ^j^^o^®^  ^^^ 
urer  who  is  ex-officio  treasurer  of  a  schoo®district,  shall,  be-  ^J be^countedf 
fore  entering  upon  the  duties  of  his  oflj^,  execute  a  bond,  ^"*^  examined, 
with  sufficient  surety,  in  double  the  probabJfe  amount  of  school 
funds  that  may  come  into  his  hands,  payable  to  the  state  of 
Ohio,  to  be  approved  by  the  board  of  education,  conditioned 
for  the  faithful  disbursement,  according  to  law,  of  all  such 
funds  which  come  into  his  hands;  such  bond,  when  so  exe- 
cuted and  approved,  shall  be  filed  with  the  clerk  of  the  board 
of  education  of  the  district,  who  shall  cause  a  certified  copy 
thereof  to  be  filed  with  the  county  auditor  without  delay; 
and  such  board,  at  the  time  of  the  approval  of  such  bond, 
shall  require  the  treasurer  of  the  school  funds  to  produce  all 
money,  bonds  or  other  securities  in  his  hands  as  such  treas- 
urer, the  same  shall  be  then  counted  by  the  board,  or  a  com- 
mittee thereof,  in  the  presence  of  the  clerk  of  the  board,  who 
shall  thereupon  enter  upon  the  records  of  the  board  a  certifi- 
cate, setting  forth  the  exact  amount  of  money  or  securities  so 
found  in  the  hands  of  such  treasurer,  which  record  shall  be 


ReleaseTof 
surety. 


Section  4043  (a).  And  this  whether  the  treasurer  is  elected  by  the 
board  or  is  serving  ex-officio.  He  must  give  bond  as  the  treasurer  of  the 
school  funds,  though  he  may  have  already  filed  a  bond  as  township,  city, 
or  county  treasurer. 

In  no  case  should  the  clerk  neglect  to  send  to  the  county  auditor    his    _ 

TrG&surGr  s 
certified  copy  of  the  treasurer's  bond,  as  the  auditor  is  forbidden  to  give  a    bond. 

treasurer  an  order  on  the  county  treasurer  for  a  sum  which  at  any  time  will 

make  the  amount  in  such  treasurer's  hands  over  one-half  of  the  penalty  of 

his  bonds.     See  section  1047,  E.  S. 

(6).  Sec.  5841.  A  surety  of  the  treasurer  of  school  funds,  in  any 
school  district  organized  under  the  provisions  of  law,  may  at  any  time 
notify  the  board  of  education  of  the  proper  district,  by  giving  at  least  five 
days'  notice,  in  writing,  that  he  is  unwilling  to  continue  as  surety  for  such 
treasurer,  and  will,  at  a  time  therein  named,  make  application  to  the  board 
of  education  to  be  released  from  further  liability  upon  his  bond  ;  and  he 
shall  also  give  at  least  three  days'  notice,  in  writing,  to  such  treasurer,  of 
the  time  and  place  at  which  the  application  will  be  made.     [70  v.  195,  §481. 

(c).  Sec.  5842.  The  board  of  education,  upon  such  notice  being  given, 
shall  hear  the  application,  and  if,  in  their  opinion,  there  is  good  reason 
therefor,  shall  require  the  treasurer  to  give  a  new  bond,  conditioned  accord- 
ing to  law,  and  to  the  satisfaction  of  the  board,  within  such  time  as  they  may 
direct ;  and  if  the  treasurer  fail  to  execute  such  bond,  the  office  shall  be 
deemed  to  be  vacant,  and  shall  be  immediately  filled  as  other  vacancies 
therein ;  but  such  original  sureties  shall  not  be  released  or  discharged  until 
the  filing  of  the  new  bond,  or  the  expiration  of  the  time  allowed  therefor ; 


New  bond. 


no 


OHIO    SCHOOL    LAWS. 


Ch.  10. 


Enumeration,  Treasurer  and  Clerk. 


signed  by  the  president  and  clerk  of  the  board,  and  shall  be 
prima  facie  evidence  that  the  amount  therein  stated  was  actu- 
ally in  the  treasury  at  that  date.     [70  v.  195,  §§  46,  82 ;  76  v. 
16,  §  l.J 
Annual  set-  Sec.  4044.     The  treasurer  shall,  annually,  within  the  first 

tlement  bv  .   _  ,  .  , 

treasurer  with  three  days  of  September,  settle  with  the  county  auditor  for 

county  audi-  ^  x  j 

or.  the  preceding  school  year,  and  for  that  purpose  shall  present 

a  certified  statement  showing  the  amount  of  money  received, 
from  whom,  and  on  what  account,  and  the  amount  paid  out, 
and  for  what  purposes;  he  shall  produce  vouchers  for  all  pay- 
ments made ;  and  if  the  auditor,  on  examination,  find  the 
statement  and  vouchers  to  be  correct,  he  shall  give  the  treas- 
urer a  certificate  of  that  fact,  which  shall,  prima  facie,  be  a 
discharge  of  the  treasurer  for  the  money  paid  ;  and  for  making 
such  settlement  he  shall  be  entitled  to  receive  the  sum  of  one 
dollar,  and  also  five  cents  per  mile  for  traveling  to  and  from 


Default  by 

treasurer. 


Loan'of^ublic 
money. 


Inspection  of 

treasurer's 

books. 


New  bond  in 
case  of  re-elec- 
tion. 


City  districts. 


Time  elapsed 
ing. 


and  the  cost  of  such  application  shall   be  paid  by  the  person  making  the 
same.     [70  v.  195,  §  8]. 

(d).  In  an  action  against  a  surety  on  a  township  treasurer's  school  bond, 
conditioned  for  the  faitliful  disbursement  of  school  moneys,  a  judgment 
for  defendant  will  not  be  reversed,  when  the  pleadings  and  evidence  show  a 
default  by  the  treasurer  only  as  to  "  township  funds"  in  general  items 
without  specifying  that  any  part  thereof  was  school  money.  The  State  v. 
Corey,  16  O.  S.  17. 

(e).  Township  trustees  have  no  authority  to  release  a  treasurer  from 
his  liability  for  any  portion  of  the  school  fund  belonging  to  the  town.ship. 
State  V.  Williams,  13  O.  495. 

(/).     Bonds  must  be  accepted  within  reasonable  time.     31  O.  S.  451. 

[g).  Section  6841  provides  heavy  penalties  for  any  officer  who  loans 
or  deposits  money  belonging  to  the  public. 

But  section  21  provides  that  the  illegality  of  the  act  of  loaning  such 
money  shall  be  no  hindrance  to  bringing  suit  for  it. 

{h).  Treasurer's  books  and  accounts  are  always  subject  to  inspection 
by  the  trustees,  who  shall — see  section  1511 — at  least  once  each  year,  make  a 
thorough  examination  of  the  same. 

( t).  A  treasurer  who  is  his  own  successor  must  give  a  new  bond  for 
the  term  to  which  he  is  re-elected.  His  former  bondsmen  will  not  be  liable 
for  defaults  committed  within  the  term  for  which  he  is  re-elected.  Their 
liability  ceased  with  the  expiration  of  his  former  term  of  office.  See  7  O., 
2d  pt.,  221,  or  4  Western  Law  Monthly.  In  case  the  treasurer  of  a  city 
district  fails  to  give  bond,  his  office  may  be  declared  vacant  by  the  city 
council.  See  section  1740,  R.  S.  Should  a  treasurer  present  his  bond  after 
the  time  prescribed  for  tendering  it,  and  should  such  bond  be  accepted, 
would  undoubtedly  be  held  good.    See  25  O.  S.  567. 


SCHOOL    OFFICERS     GUIDE.  Ill 


Enumeration,  Treasurer  and  Clerk.  Ch,  10. 

the  county  seat,  to  be  paid  out  of  the  county  treasury,  on  the 
order  of  the  county  auditor.  When  the  treasurer's  term 
begins  on  the  first  day  of  September  the  annual  settlement 
shall  be  made  by  the  outgoing  treasurer.  [71  v.  9,  §  47;  85  v. 
194.] 

Sec.  4045.     If  the  treasurer  of  any  school  district  will- 

Penalty  for 

fully  or  negligently  fail  to  make  such  annual  settlement  failure  to 
within  the  time  prescribed  in  the  preceding  section,  he  shall  tiement. 
be  liable  to  pay  a  fine  of  fifty  dollars,  to  be  recovered  in  a 
civil  action  in  the  name  of  the  state ;  which  amount,  when 
collected,  shall  be  paid  into  the  county  treasury,  and  shall  be 
applied  to  the  use  of  common  schools  in  his  district;  and  the 
county  auditor  shall  proceed  forthwith,  in  case  of  such  failure, 
to  recover  the  penalty,  by  suit  against  such  treasurer,  before 
any  justice  of  the  peace  of  the  county.     [71  v.  9,  §  47.] 

£ec.  4046.     The  treasurer  shall   report  to  the  board  of  Treasurer  to 

report  bal- 

education,  within  ten  days  after  his  settlement  with  the  anccs  to  board. 
county  auditor,  the  amount  of  money  in  his  hands  for  school 
purposes,  and  the  amount  belonging  to  each  fund.     [70  v.  195, 
§47.] 

Sec.  4047.     No  treasurer  of  a  school  district,  except  in  when  treas- 
cases  otherwise  provided  for  in  this  title,  shall  pay  out  any  cJfvVor  pay 
school  money  except  on  an  order  signed  by  the  president  and  ^^^^^' 
countersigned  by  the  clerk  of  the  board  of  education ;  and  no 
money  shall  be  paid  to  the  treasurer  of  a  district,  other  than 
that  received  from  the  county  treasurer,  except  upon  the  order 
of  the  clerk  of  the  board,  who  shall  report  the  amount  of  such 
miscellaneous  receipts  to  the  county  auditor  each  year,  im- 

Sec.  4044  (a).  If  it  is  evident  to  the  county  auditor  that  the  school  Auditor's 
moneys  have  been  illegally  paid  out,  as  they  would  be  if  paid  to  any  mem-  duty. 
ber  of  a  board  of  education  on  any  contract  with  such  board,  or  as  an 
employe  thereof,  it  is  his  duty  to  refuse  the  treasurer  credit  for  the  same. 
If  moneys  have  been  paid  from  the  wrong  fund,  as  from  the  the  school 
fund,  when  the  law  says  it  must  be  township  fund,  the  auditor  must 
not  allow  credit  to  such  orders.  He  should  insist  on  their  correction  by  the 
board,  or  correct  them  himself  by  proper  debit  and  credit. 

(6).  No  voucher  should  be  received  by  the  auditor  which  he  has  rea- 
son to  believe  a  court  of  law  would  reject.  No  paper  is  a  voucher  for  the 
payment  of  money  to  A,  which  has  not  A's  receipt  on  it,  or  accompanying 
it.  An  order  properly  made  out,  but  merely  marked  "  paid  "  by  the  treas- 
urer, is  not  a  receipt.     See  section  4047. 


112 


OHIO    SCHOOL    LAWS. 


Ch.  10. 


Enumeration,  Treasurer  and  Clerk. 


Maximum 
amount  of 
funds  which 
treasurer  mav 
hold. 


Treasurer  to 
deliver 
money,  etc., 
to  successor. 


mediately  preceding  such  treasurer's  settleraent  with  the  au- 
ditor.    [71  V.  15,  §  83.] 

Sec.  4048.  The  auditor  shall  in  no  case  permit  the 
treasurer  of  a  school  district  to  have  in  his  han  Is,  at  any  time, 
an  amount  of  school  funds  over  one-half  the  amount  of  the 
penalty  in  the  bond  of  the  treasurer;  and  before  giving  such 
treasurer  any  order  for  school  funds,  he  shall  require  the 
treasurer  to  file  with  him  a  statement,  to  be  furnished  by  the 
clerk  of  the  board  of  education  whenever  necessary  for  the 
purpose,  showing  the  amount  of  funds  in  the  treasurer's 
hands  according  to  the  clerk's  books.     [70  v.  195,  §  84.] 

Sec.  4049.  At  the  expiration  of  his  term  of  service  each 
treasurer  shall  deliver  to  his  successor  in  office  all  books, 
papers,  money,  and  other  property  in  his  hands  belonging  to 
the  district,  and  take  duplicate  receipts  of  his  successor  there- 
for, one  of  which  he  shall  deposit  with  the  clerk  of  the  board 
of  education  within  three  days  thereafter.  [71  v.  9,  §  47;  85 
v.  194.] 


Exception. 


Treasurer's 
discretion. 


Embezzlement 
by  municipal 
and  school 
officers. 


Selling  public 

Sroperty  to 
efraud. 


Sec.  4047  (a).  The  case  "otherwise  provided  for "  is  the  payment  of 
teachers  in  the  sub-districts  on  the  order  of  the  directors.     Section  4018. 

(6).  The  treasurer  should  not  pay  an  order  for  what  he  believes  to  be 
an  illegal  object,  until  he  can  consult  with  other  members  of  the  board, 
and  have  the  question  fully  investigated.  A  man  of  discretion  is  supposed 
to  be  chosen  to  this,  as  to  other  offices,  that  the  chances  for  discovering 
errors  and  frauds  may  be  multipled. 

(c).  Sec.  6846.  A  member  of  the  council  or  board  of  aldermen  of 
any  municipal  corporation,  or  an  officer,  agent,  clerk,  or  servant  of  such 
corporation,  or  any  board  or  department  thereof,  or  an  officer,  agent,  clerk, 
or  servant  oi  any  board  of  education,  who,  knowingly,  diverts,  appropriates^ 
or  applies  any  funds,  or  a  part  of  any  fund,  raised  under  any  law,  by  taxa- 
tion or  otherwise,  to  any  other  use  or  purpose  than  that  for  which  it  was 
raised  or  appropriated,  or  who,  knowingly,  diverts,  appropriates,  or  applies, 
any  money  borrowed,  or  any  bond  of  the  corporation,  or  any  part  of  the 
proceeds  of  such  bond,  to  any  other  use  or  purpose  than  that  for  which  such 
loan  was  made,  or  bond  issued,  shall  be  deemed  guilty  of  embezzling  the 
amount  so  diverted,  appropriated,  or  applied,  and  punished  accordingly, 
[66  V.  263,  §  671 ;  73v.  116,  ?!]• 

(d).  Sec.  6847.  Whoever,  being  intrusted  with  the  care,  custody,  or 
control,  of  any  property  of  the  state,  or  of  any  county,  township,  or 
municipal  corporation,  sells  or  disposes  of  the  same,  for  his  own  use,  with 
intent  to  defraud,  is  guilty  of  embezzlement,  and  shall  be  punished  ac- 
cordingly.    [69  V.  193,  §  2]. 

Sec.  4048  (a).    The  county  auditor  is,  by  section  1047,  R  S.,  required 


SCHOOL    OFFICERS     GUIDE. 


113 


Enumeration,  Treasurer  and  Clerk. 


Ch.  10. 


[Sec.  6975a.  It  shall  be  unlawful  for  any  person  to  offer 
or  give,  directly  or  indirectly,  any  reward  or  consideration,  or 
make  any  present  or  reduction  in  price  to  any  person  em- 
ployed in  any  of  the  public  schools  of  this  state,  cr  to  any 
officer  having  any  authority  or  control  over  the  same  for 
favoring,  recommending  or  advocating  the  introduction, 
adoption  or  use,  in  the  school  in  which  such  person  is  em- 
ployed, or  over  which  such  officer  has  any  authority  or  con- 
trol, of  any  text-book,  map,  chart,  globe  or  other  school  sup- 
plies, or  to  induce  him  so  to  do;  and  it  shall  be  unlawful  for 
any  such  employe  or  officer,  to  accept,  or  to  offer  or  agree  to 
receive  or  accept  any  reward,  consideration,  present,  gift  or 
reduction  in  price  for  so  doing;  and  it  shall  also  be  unlawful 
for  any  local  director  or  member  of  a  board  of  education  to 
vote  for,  or  participate  in  the  making  of  any  contract  with 
any  person  as  a  teacher  or  instructor  in  any  of  the  public 
schools  of  this  state  to  whom  he  is  related  as  father  or  brother, 
or  to  act  in  any  matter  in  which  he  is  pecuniarily  interested, 
or  to  receive,  or  to  offer  to  accept  or  receive  any  reward  or  gain 
for  any  official  act.  Any  person  violating  any  of  the  forego- 
ing provisions  shall,  upon  conviction,  be  fined  not  less  than 
twenty-five  dollars,  and  not  more  than  five  hundred  dollars, 
or  be  imprisoned  not  more  than  six  months,  or  both.]  [85  v. 
207.] 


to  open  an  account  with  each  school  district  in  the  county.     For  condition  Auditor's  ac- 

,  .   ,  .       .  ,  ,  ,       ,    ,.      .  count  with 

on   which   warrant  is  given  the  treasurer  of  any  school  district,  see  same  districts. 

section. 


(b).  By  reference  to  section  1122,  E.  S.,  it  will  be  seen  that  when 
desired,  'the  school  funds  may  be  permitted  to  remain  in  the  county  treasury 
in  which  case  they  may  be  drawn  out  by  the  school  treasurer  in  sums  not 
less  than  one  hundred  dollars.     See  also  section  1123,  R.  S. 

Sec.  4049  (a).  Sec.  6975  R.  S.  provides  that  "  a  member  of  a  board  of 
education,  organized  under  any  law  of  this  state,  who  accepts  or  receives 
any  compensation  for  his  services  as  suoh  member,  except  as  clerk  or 
treasurer  of  such  board,  shall  be  deemed  guilty  of  embezzlement  of  the 
amount  so  received,  and  punished  accordingly."     [70  v.  214,  §  67]. 

(6).  Sec.  7299.  Any  failure  or  refusal  to  pay  over,  or  to  produce  the 
public  money,  or  any  part  thereof,  by  an  officer  or  other  person  charged 
with  the  collection,  receipt,  transfer,  disbursement,  or  safe  keeping  of  the 
public  money,  or  any  part  thereof,  whether  belonging  to  the  state,  or  to  any 
county,  township,  municipal  corporation,  or  board  of  education   in  this 

8 


Money  left  in 
county  trea«- 
ury. 


114 


OHIO    SCHOOL    LAWS. 


Ch.  10. 


Enumeration,  Treasurer  and  Clerk. 


Bond  of  clerk. 


When  orders 
to  clerk  for 
teacher's  pay 
illegal. 


Sec.  4050.  The  clerk  of  each  board  of  education  shall 
execute  a  bond,  in  an  amount  and  with  surety  to  be  approved 
by  the  board,  payable  to  the  state  of  Ohio,  conditioned  that 
he  shall  perform  faithfully  all  the  official  duties  required  of 
him  ;  which  bond  shall  be  deposited  with  the  president  of 
the  board,  and  a  copy  thereof,  certified  by  the  president  of 
the  board,  shall  be  filed  with  the  county  auditor.  [70  v.  195, 
§45.] 

Sec.  4051.  It  shall  be  unlawful  for  the  clerk  of  a  board 
to  draw  an  order  on  the  treasurer  for  the  payment  of  a  teacher 
for  services  until  the  teacher  files  with  him  such  reports  as 
are  required  by  the  state  commissioner  of  common  schools 
and  the  board  of  education,  a  legal  certificate  of  qualification, 
or  a  true  copy  thereof,  covering  the  entire  time  of  the  service, 
and  a  statement  of  the  branches  taught;  but  orders  maj-  be 


state,  or  any  other  public  money  whatever,  or  to  account  to,  or  to  make 
settlement  with,  any  proper  and  legal  authority,  of  the  official  accounts  of 
such  officer  or  person,  shall  be  held  and  taken  as  prima  facie  evidence  of 
the  embezzlement  thereof,  and  upon  the  trial  of  such  officer  or  person  for 
the  embezzlement  of  public  money  under  section  6841,  it  shall  be  sufficient 
evidence,  for  the  purpose  of  showing  a  balance  against  him,  to  produce  a 
transcript  from  the  books  of  the  auditor  of  state,  or  the  auditor  of  the 
county,  or  the  records  of  the  commissioners  of  the  county  ;  and  the  refusal 
of  any  such  officer  or  person,  whether  in  or  out  of  office,  to  pay  any  draft, 
order,  or  warrant  drawn  upon  him,  by  the  proper  officer,  for  any  public 
money  in  his  hands,  no  matter  in  what  capacity  the  same  was  received  or 
is  held  by  him,  or  any  refusal,  by  any  person  or  public  officer,  to  pay  over 
■  to  his  successor  any  public  money  or  securities  promptly,  on  the  legal  re- 
quirement of  any  authorized  officer  of  the  state  or  county,  shall  be  taken 
on  the  trial  of  an  indictment  against  him  for  embezzlement  as  prima  facie 
evidence  of  such  embezzlement.     [55  v.  44,  ^  15]. 

*  Sec.  6975a.  This  is  classified  in  the  R.  S.  as  one  of  the  sections  of  the 
Issuing  orders.  Criminal  Code,  but  as  the  subject-matter  pertains  entirely  to  schools,  it  has 
been  thought  best  to  insert  here. 

Section  4051  (a).  If  an  order  is  drawn  for  the  illegal  payment  of  a 
teacher,  the  remedy  of  the  board  is  a  writ  of  injunction. 

(b).  Each  of  these  three  documents  must  be  carefully  filed  by  the  clerk 
and  handed  over  to  his  successor  in  office. 

(c).  Persons  who  are  to  teach  subjects  not  on  the  list  of  studies 
enumerated  in  the  statute,  must  have  a  certificate  covering  all  such  branches. 
Not  only  the  teacher,  but  each  member  of  the  board  of  education  is 
severally  liable  for  the  repayment  of  money  paid  under  their  vote  and 
order,  to  a  teacher  who  does  not  hold  a  certificate  covering  each  and  every 
branch  taught.    The  same  rule  applies  to  all  payments  made  to  teachers 


What  teach- 
ers' certifi- 
cate must 
cover. 


When  mem- 
bers of  board 
liable  for  pay 
ment  of 
teacher. 


SCHOOL    OFFICERS     GUIDE.  ,  I  1 5 


Enumeration,  Treasurer  and  Clerk.  Ch.  10. 


drawn  for  the  payment  of  special  teachers  of  drawing,  paint- 
ing, penmanship,  music,  gymnastics,  or  a  foreign  language, 
on  presentation  of  a  certificate  to  the  clerk,  signed  by  a 
majority  of  the  examiners,  and  the  filing  with  him  of  a  true 
copy  thereof,  covering  the  time  for  which  the  special  teacher 
has  been  employed,  and  the  specialty  taught.  [70  v.  195,  §§ 
63,  91.] 

Sec.  4052.     The  clerk  of  each  board  shall  prepare  the  an-  Annual  sta 

tistical  report 

nual  report  of  the  receipts  and  expenditures  of  school  money,  of  ^a^d  of 

^  i-  r-  J 1    education :  hy 

and  the  statistical  statement  in  reference  to  the  schools,  re-  whom  pre- 

'  pared. 

quired  of  the  board  by  section  forty  hundred  and  fifty-seven, 
and  transmit  the  same  to  the  county  auditor  on  or  before  the 
first  day  of  September;  provided,  that  in  each  school  district 
having  a  superintendent  of  schools,  except  city  districts  of 
the  first  class,  the  annual  report,  except  the  receipts  and  ex- 
penditures of  money,  shall  be  made  by  the  superintendent. 
[70  v.  195,  §  82 ;  85  v.  194.] 

Sec.  4053.     The  board  of  education  of  each  district,  ex- 

'  Publication 

ceptcity  districts  of  the  first  class,  shall  require  the  clerk  of  of  receipts 

■^  •'  7  1  aji,j  disbu*se- 

the  board  annually,  ten  days  prior  to  the  election  for  mem-  ^l^^''*^' 
bers  of  the  board  and  directors  of  sub-districts,  to  prepare, 
and  post  at  the  place  or  places  of  holding  such  elections,  or 

before  reports  required  by  law,  by  the  State  Commissioner  of  Common 
Schools,  and  by  the  board  of  education,  have  been  made. 

(d).     An  assistant  teacher   who  has  not  a  legal  certificate  can  not  be   Pajment  of 
paid  through  an  order  drawn  in  favor  of  another  teacher  who  had  a  cer-   assistant  or 
tificate,  nor  can  any  uncertificated  teacher,  who  is  employed  as  a  substitute,   substitute, 
receive  pay  through   another   teacher.     Section  4074  provides   that    "no 
person  shall  be  employed  as  a  teacher  "  who  has  not  a  legal  certificate.     It 
is  the  duty  of  the  township  clerk  to  refuse  to  draw  an  order  for  the  pay- 
ment of  money  from  the  school  fund  when  he  has  satisfactory  evidence  that 
any  portion  of  such  money  is  to  be  used  for  the  payment  of  a  teacher  not 
holding  a  legal  certificate.     A  legal  certificate  must  cover  the  entire  time  of 
the  teacher's  service  ;  must  specify  all  the  branches  taught,  and  can  neither 
directly  nor  indirectly  be  made  to  legalize  another  teacher's  services. 

(e).     An  order  drawn  by  the  clerk  of  the  board  of  education,  under  the 
statute,  in  favor  of  a  third  person  or  bearer,  on  the  township  treasurer,  is   Orders  not 
not  negotiable,  and  a  purchaser  takes  such  order  subject  to  the  same  defenses    negotiable, 
that  could  be  made  against  it  in  the  hands  of  the  payee.     The  State  ex  rel. 
Steinbeck,  et  al.  v.  Treasurer  of  Liberty  Township.     22  O.  S.,  144. 

The  written  acceptance  of  such  order  by  the  predecessor  of  the  town- 
ship treasurer,  to  whom  it  was  presented  for  payment,  imposes  no  greater   ^'^^.^  ^^i?" 
obligation  on  the  latter  to  pay  the  same,  than  he  would  have  been  under    decessor. 
had  it  been  presented  without  such  acceptance.    lb. 


ii6 


OHIO   SCHOOL    LAWS. 


Ch.  10. 


Enumeration,  Treasurer  and  Clerk. 


Clerk  to  de- 
liver books, 
etc.,  to  suc- 
eessor. 


How  treafc- 
urerand  clerk 
to  keep  ac- 
counts. 


Compensa- 
tion of  treas- 
urer and 
clerk. 


publish  in  some  newspaper  of  general  circulation  in  the  dis- 
trict, an  itemized  statement  of  all  money  received  and  dis- 
bursed by  the  treasurer  of  the  board  within  the  school  year 
last  preceding.     [70  v.  195,  §  66.] 

Sec.  4054.  Each  clerk  shall,  at  the  expiration  of  his 
term  of  office,  deliver  to  his  successor  all  books  and  papers  in 
his  hands  relating  to  the  affairs  of  his  district,  including  cer- 
tificates, and  copies  thereof,  and  reports  of  school  statistics, 
filed  by  teachers.     [70  v.  195  §  84.] 

Sec.  4055.  The  auditor  of  each  county  shall  fui'nish  to 
the  clerk  and  treasurer  of  each  school  district  in  his  county  a 
suitable  blank  book,  made  according  to  the  form  prescribed 
by  the  commissioner  of  common  schools,  in  which  each  shall 
keep  an  account  of  the  school  funds  of  his  district;  the  clerk's 
account  shall  show  the  amounts  certified  by  the  county 
auditor  to  be  due  the  district,  all  sums  paid  to  the  treasurer 
from  other  sources  on  his  order,  and  all  orders  drawn  by  him 
on  the  treasurer,  and  upon  what  funds  and  for  what  purposes 
drawn ;  the  treasurer's  account  shall  show  the  amounts  re- 
ceived from  the  county  treasurer,  all  sums  received  from 
other  sources  on  the  order  of  the  clerk,  and  the  amounts  paid 
out,  and  from  what  fund  and  for  what  purposes  paid ;  and  a 
separate  account  of  each  fund  shall  be  kept,  and  each  account 
shall  be  balanced  at  the  close  of  the  school  year,  and  the  bal- 
ance in  the  treasurer's  hands  belonging  to  each  fund  shown. 
[70  V.  195,  §  84.] 

Sec.  4056.  The  board  of  education  may  fix  the  compen- 
sation of  clerk  and  treasurer;  the  allowance  made  to  the  treas- 


Order  illegally 
issued. 


Acceptance  of 
orders. 


(/).  If  an  order  has  been  illegally  issued,  the  board  of  education 
should  recall  it,  and  in  case  of  refusal  to  return,  they  should  enter  a  suit  in 
equity  to  recover  it  or  have  it  canceled. 

ig).  If  a  school  treasurer  indorses  an  acceptance  of  an  order  drawn 
on  him,  he  is  obliged  thereby  to  retain  proper  funds  to  meet  it.  But  this 
even  is  not  permissible,  unless  the  order  itself  is  unimpeachable.  50  Mo., 
425. 

*  Sec.  4056.  (a).  School  Commissioner  De  Wolf  and  Attorney-General 
Nash  held  the  opinion  that  the  compensation  provided  for  the  township 
clerk  under  this  section  is  not  to  be  included  in  the  f  150  limit  of  section 
1531,  R.  S. 

*  (6).  See  section  4052,  as  to  duty  of  clerk  to  prepare  report,  and  of 
superintendent  in  certain  districts. 


SCHOOL    OFFICERS     GUIDE. 


117 


Enumeration,  Treasurer  and  Clerk. 


Ch.  10. 


urer  shall  not  exceed  one  per  centum  of  the  money  disbursed 
by  him  on  orders  of  the  board;  but  the  treasurers  of  township 
districts  shall  be  allowed  as  compensation  one  per  centum  on 
all  school  funds  disbursed  by  them ;  and  both  clerks  and 
treasuiers  should  be  paid  out  of  the  contingent  fund,  on  the 
order  of  the  board  of  education,  but  treasurers  of  city  districts 
shall  not  be  allowed  compensation  for  disbursing  the  school 
funds;  but  before  such  order  for  pay  of  treasurer  shall  be  made 
he  shall  present  to  the  board  the  auditor's  certificate  of  dis- 
charge provided  for  in  section  four  thousand  and  forty-four, 
Revised  Statutes,  and  before  such  order  for  pay  of  clerk  shall 
be  made  he  shall  present  to  the  board  a  statement,  ofiicially 
signed  and  certified  by  the  auditor,  that  he  has  returned  all 
the  reports  of  statistics  for  that  year  required  by  this  title. 
[70  V.  195,  §  49;  «0  v.  195  ;  85  v.  194.] 


CHAPTER  11. 


REPORTS. 


Section 
4057.    Anmial  report  by  board  of  edu 
cation. 
In  what  form  to  be  made,  etc. 
Reports  by  superintendents  and 

teachers. 
Duties  of  county  auditors  as  to 
school  statistics,  etc. 


4058. 
4059. 


4060. 


Section 

4061.  Penalties    against    auditor    and 

clerk. 

4062.  When  auditor  to  appoint  person 

to  make  reports. 

4063.  Fu  1  ther  penalties  against  auditor. 

4064.  Compensation  of  auditor. 


Sec.  4057.    The  board  of  education  of  each  district  shall  Annual  report 

,..  ij-jir-T^f  board  ol  ed- 

make  a  report  to  the  county  auditor,  on  or  before  the  first  day  ucation. 

Its  connection. 

of  September  in  each  year,  containing  a  statement  of  the  re- 
ceipts and  expenditures  of  the  board,  the  number  of  schools 
sustained,  the  length  of  time  such  schools  were  sustained,  the 
enrollment  of  pupils,  the  average  monthly  enrollment,  and 
average  daily  attendance,  the  number  of  teachers  employed, 
and  their  salaries,  the  number  of  school-houses  and  school 
rooms,  and  such  other  items  as  the  commissioner  of  common 
schools  may  require.     [70  v.  195,  §  75 ;  85  v.  195.] 

Sec.  4058.     The  report  shall  be  made  on  blanks  which 

•      •  f  -^^  what  form 

shall  be  furnished  by  the  commissioner  of  common  schools  to  tobemade.etc. 
the  auditor  of  each  county,  and  by  the  auditor  to  each  school 
clerk  in  his  county ;  and  each  board  of  education,  or  officer 


ii8 


OHIO    SCHOOL    LAWS. 


Ch.  11. 


Reports. 


Rei)ort8  by  su- 
perintendents 
and  teachers. 


or  employe  thereof,  or  other  school  officer  in  any  district  or 
county,  shall,  whenever  the  commissioner  so  requires,  report 
to  him  direct,  upon  such  blanks  as  he  shall  furnish,  any  state- 
ments or  items  of  information  that  he  may  deem  important 
or  necessary.     [70  v.  195,  §  75.] 

Sec.  4059.  Boards  of  education  shall  require  all  teachers 
and  superintendents  to  keep  the  school  records  in  such  man- 
ner that  they  may  be  enabled  to  report  annually  to  the  county 
auditor,  as  required  by  the  provisions  of  this  title,  and  may 
withhold  the  pay  of  such  teachers  as  fail  to  file  with  the  clerk 
the  reports  required  of  them  ;  they  may  require  superintend- 
ents to  report  each  year  such  matters  as  they  deem  important 
or  necessary  for  information  in  regard  to  the  management 
and  conduct  of  the  school?,  and  to  make  such  suggestions  and 
recommendations  as  they  may  deem  advisable  relative  to 
methods  of  instruction,  school  management,  or  other  matters 
of  educational  interest;  and  the  board  of  each  city  district 
of  the  first  class  shall  prepare  and  publish,  annually  a  report 
of  the  condition  and  administration  of  the  schools  under  its 
charge,  and  include  therein  a  complete  exhibit  of  the  finan- 
cial affairs  of  the  district.     [70  v.  195,  §  76.] 


What  record 
should  show. 


Sec.  4059  (a).  Boards  of  education  have  power  to  supply  themselves 
with  all  blank  books,  order  books,  and  stationery  necessary  for  the  transac- 
tion of  theiT  official  business,  and  also  to  supply  teachers  with  registers  and 
necessary  stationery. 

(b).  Every  teacher  should  keep  a  daily  record  of  the  attendance  of 
each  pupil  enrolled  in  his  school,  and  for  this  purpose  should  be  supplied 
by  township  or  other  district  board  with  a  suitable  school  register. 

(c).  Every  teacher  should  record  in  permanent  form  the  scholarship  of 
each  pupil,  including  in  the  record,  as  left  at  the  end  of  each  term,  the  point 
in  each  text-book  reached  by  the  pupil.  In  the  rural  schools,  at  least,  it  is 
better  that  the  same  register  which  is  used  for  recording  attendance,  be 
used  to  record  the  standing  of  the  pupils  also  for  each  term,  as  a  matter  of 
great  convenience  to  the  incoming  teacher.  These  registers  should  be  re- 
turned each  term  to  the  clerk  of  the  board  of  education,  and  it  would  be 
well  if  all  boards  would  adopt  the  rule  that  no  order  should  be  issued  to  a 
teacher  for  his  final  payment  until  such  deposits  had  been  made.  It  would 
also  be  well  if  the  teachers  in  rural  districts  were  required  to  send  to  the 
clerk,  for  the  information  of  the  board,  a  statement  as  to  the  advanced 
classes  of  the  school,  the  points  they  have  reached  in  their  studies,  and 
whether  these  advanced  pupils  intend  to  prosecute  their  studies  further,  in 
order  that  boards  may  intelligently  provide  instruction  for  such  pupils. 


SCHOOL    OFFICERS     GUIDE.  II9 

Reports.  Ch.  11. 

Sec.  4060.  The  auditor  of  each  county  shall,  on  or  before  ^udTtor Tto*^ 
the  twentieth  day  of  September,  annually,  prepare  and  trans-  tiS^etc.**^*^^ 
mit  to  the  commissioner  of  common  schools,  an  abstract  of 
all  the  returns  of  school  statistics  made  to  him  from  the  sev- 
eral districts  in  his  county,  according  to  the  form  prescribed 
by  the  commissioner,  and  a  statement  of  the  condition  of  the 
institute  fund,  and  such  other  facts  relating  to  schools  and 
school  funds  as  the  commissioner  may  require ;  he  shall,  also, 
cause  to  be  distributed  all  such  circulars,  blanks,  and  other 
papers,  including  school  laws  and  documents,  in  the  several 
school  districts  in  the  county,  as  the  commissioner  may  law- 
fully require ;  and  if  the  auditor  neglect  to  prepare  and  re- 
turn any  of  the  abstracts  or  reports  herein  required,  the  county 
commissioners  shall  withhold  from  him  all  compensation  for 
his  services  under  this  title.     [70  v.  195,  §  123 ;  85  v.  195.] 

Sbc.  4061.     The  auditor  shall,  also,  bd  liable  on  his  bond   Penalties 

'  '  against  audi- 

for  any  such  neglect,  in  a  sum  not  less  than  three  hundred  torand  clerk. 
nor  more  than  one  thousand  dollars,  on  complaint  of  the 
commissioner  of  common  schools;  and  if  the  clerk  of  the 
board  of  education  of  any  district  fail  to  make  the  annual 
returns  of  school  statistics  required  by  this  title,  to  the  county 
auditor,  he  shall  be  liable  on  his  bond,  in  a  sum  not  less  than 
fifty  nor  more  than  three  hundred  dollars;  on  complaint  of  the 
county  auditor  or  of  the  board  of  education,  to  be  recovered 
in  a  civil  action  in  the  name  of  the  state,  and  when  collected 
to  be  paid  into  the  county  treasury,  and  applied  to  the  use  of 
common  schools  in  such  district.     [70  v.  195,  §  123  ] 

Sec.  4062.  Upon  the  neglect  or  failure  of  the  clerk  of 
the  board  of  education  of  any  district  to  make  the  reports  re-  toaopt^nt  per' 
quired  in  this  title,  and  by  the  time  specified,  the  county  au-  ports, 
ditor  shall  appoint  some  suitable  person,  resident  of  the  district, 
to  make  such  reports,  who  shall  receive  the  same  compensa- 
tion therefor,  and  in  the  same  manner,  as  is  allowed  by  law 
for  like  services.     [70  v.  195,  §  123.] 

Sec.  4063.     A  county  auditor  who  willfully  or  negligently  Further  penai- 
fails,  in  any  year,  to  transmit  to  the  commissioner  of  common  dUorf'^"^^'^  *^" 
schools  the  abstract  of  enumeration  required  by  section  forty 
hundred  and  thirty-nine,  or  to  perform  any  other  duty  required 
of  him  in  this  title,  shall  be  liable  on  his  bond  to  the  extent 
of  twice  the  sum  lost  to  the  school  districts  of  his  county  in 


120 


OHIO    SCHOOL    LAWS. 


Ch.  IL 


Reports. 


Compensa- 
tion of  audi- 
tor. 


consequence  of  such  failure,  which  sum  shall  be  recovered  in 
a  civil  action  against  him,  on  his  bond,  in  the  name  of  the 
state,  before  any  court  of  competent  jurisdiction ;  and  the 
money  so  recovered  shall  be  paid  into  the  county  treasury, 
for  the  benefit  of  such  districts,  and  apportioned  in  the  same 
manner  as  the  school  funds  so  lost  would  have  been  appor- 
tioned.    [70  V.  195,  §§  81,  124.] 

Sec.  4064.  The  commissioners  of  each  county  shall 
allow  the  county  auditor,  annually;  a  reasonable  compensation 
for  his  services  under  this  title,  not  to  exceed  five  dollars  for 
each  city,  village,  special,  and  township  school  district  in  his 
county,  to  be  paid  out  of  the  county  treasury ;  but  before  such 
allowance  shall  be  made  for  any  year  the  auditor  shall  pre- 
sent to  the  commissioners  a  statement,  oflBcially  certified  and 
signed  by  the  commissioner  of  common  schools,  that  he  has 
transmitted  to  the  commissioner  all  reports  and  returns  of 
statistics  for  that  year  required  by  this  title.     [70  v.  195,  §  125.] 


CHAPTER  12. 

EXAMINERS. 


Section 
4065.   State  board— appointment,   term 
of  office,  and  vacancy. 

Board  may  grant  life  certificates  ; 
record  thereof,  etc. 

Effect  thereof ;    may  be  revoked 
for  cause. 

Fee  for  examination. 

County      boards  —  appointment, 
term,  and  vacancies. 

President  and  clerk,  and  certain 
duties  of  clerk. 

Meetijgs  of  board,  and   fee   for 
examination. 

Disposition  of  fees. 

Validity  and  revocation  of  certifi- 
cates. 

Certificate  a  prerequisite  to  em- 
ployment ;  special  duties. 
4075.    Compensation  and  incidental  ex- 
penses of  board. 


4066. 
4067. 


4068. 
4069. 


4070. 
4071. 


4072. 
4073. 


4074. 


9KCTION 

4076.    Annual  report  of  clerk,  and   his 

bond. 
Boards    of  city  districts   of   first 

cla^s. 
Standard     of     qualification     for 

teachers. 
4079.    Organization  of  board ;   bond   of 

clerk. 
Meeting,      and     publication      of 

notice. 
Examination  fee ;  power  of  board. 
Compensation  of  examiners ;  in- 
cidental expenses. 
Duties   of   clerk :     disposition   of 

fees. 

4084.  Boards  of  city  districts  of  second 

class  and  village  districts. 

4085.  Who  ineligible  as  examiner. 


4077. 
4078. 


4080. 


4081. 
4082. 


4083. 


STATE   BOARD  OF   EXAMINERS. 


^.  .  ^    _^  ,  Skc.  4065.    There  shall  be  a  state  board  of  examiners, 

State  board  of  ' 

terln*'"'''^'  which  shall  consist  of  five  competent  persons,  resident[8]of  the 
state,  to  be  appointed  by  the  state  commissioner  of  common 
schools,    not  more  than  three  of  whom  shall  belong  to  the 


SCHOOL   OFFICERS     GUIDE.  121 

Examiners.  Ch.  12. 

same  political  party.  The  terms  of  office  of  such  examiners 
shall  be  five  years ;  the  terms  of  one  of  the  examiners  shall 
expire  on  the  Slst  day  of  August,  each  year  ;  [and  when 
one  of  which  shall  expire  on  the  31st  of  August  every  year]  ; 
and  when  a  vacancy  occurs  in  the  board,  whether  from  ex- 
piration of  the  term  of  office,  refusal  to  serve,  or  other  cause, 
the  commissioner  shall  fill  the  same  by  appointment  for  the 
full  or  unexpired  term,  as  the  case  demands.  [70  v.  195,  §  85 ; 
85  V.  330]. 

Sec.  4066.    The  board  thus  constituted  may  issue  three  „     . 

•'  May  issue  life 

grades  of  life  certificates  to  such  as  are  found  to  possess  the  ^^j^e^jf^t^^  °^ 

requisite  scholarship,  and  who  exhibit  satisfactory  evidence  grades. 

of  good  moral  character  and  of  professional  experience  and 

ability ;  the  certificates  shall  be  for  diflerent  grades  of  schools 

according  to  branches  taught,  and  shall  be  valid  in  the  schools 

specified  therein.    The  clerk  of  the  board  shall  keep  a  record  clerk's  record. 

of  the  proceedings,  showing  the  number,  date  and  grade  of 

each  certificate,  to  whom  granted,  and  for  what  branches  of 

study,  and  shall  report  such  statistics  to  the  commissioner, 

annually,  on  or  before  the  31st  day  of  August.     [70  v.  195, 

§  87 ;  78  V.  31 ;  85  v.  330]. 

Sec.  4067.  All  certificates  issued  by  such  board  shall  be  Effect  there- 
countersigned  by  the  commissioner  of  common  schools;  and  revoked  for 
such  certificates  shall  supersede  the  necessity  of  any  and  all 
other  examinations  of  the  persons  holding  them,  by  any 
board  of  examiners,  and  shall  be  valid  in  any  school  district 
in  the  state,  unless  revoked  by  the  state  board  for  good  cause. 
[70  V.  195,  §  87J. 

Sec.  4068.    Each  applicant  for  a  certificate  shall  pay  to  Feeforexam- 
the  board  of  examiners  a  fee  of  five  dollars ;  and  the  clerk  of  i'^^tio'*- 
the  board  shall  pay  to  the   state  treasurer,  all  fees  received, 
and  file  with  the  state  auditor  a   written  statement  of  the 
amount.    Each  member  of  the  board  shall  be  entitled  to  re-  compensa- 
ceive  five  dollars  for  each  day  he  is  necessarily  engaged  in  penses  of  ex- 
official  service,  and  also  six  cents  per  mile  each   way  for 
traveling  from  and  to  his  place  of  residence,  by  the  most 
direct  route  of  public  travel  to  and  from  the  places  of  meet- 
ings of  the  board,  to  be  paid  out  of  the  state  treasury  on  the 
order  of  the  state  auditor ;  all  books,  blanks  and  stationery 
required  by  the  board  shall  be  furnished  by  the  secretary  of 
state.    [70  v.  195,  §  88,  85  v.  330]. 


aminers. 


122 


OHIO   SCHOOL    LAWS. 


Ch.  12. 


ExamiDers. 


Comity 
boards;  num- 
ber, terms, 
revocation. 


No  book 
agent  or  book 
seller  can  be 
examiner. 


President  and 
clerk  of  board 
of  county 
school  exam- 
iners; duties 
of  clerk. 


Sec.  4069.  There  shall  be  a  board  of  examiners  for  each 
county,  which  shall  consist  of  three  competent  persons,  to  be 
appointed  by  the  probate  judge;  such  persons  shall  be  resi- 
dents of  the  county  for  which  they  are  appointed,  and  shall 
not  be  connected  with  or  interested  in  any  normal  school  or 
school  for  the  special  education  or  training  of  persons  for 
teachers;  if  an  examiner  becomes  connected  with  or  in- 
terested in  any  such  school,  his  office  ^hall  become  vacant 
thereby;  the  term  of  such  office  of  such  examiners  shall  be 
three  years ;  the  term  of  one  of  the  examiners  shall  expire 
on  the  Slst  day  of  August  each  year;  but  the  probate  judge  may 
revoke  the  appointment  of  any  examiner  upon  satisfactory 
proof  that  he  is  inefficient,  negligent  or  guilty  of  immoral 
conduct ;  when  a  vacancy  occurs  in  the  board,  whether  from 
expiration  of  the  term  of  office,  refusal  to  serve,  or  other 
cause,  the  probate  judge  shall  fill  the  same  by  appointment 
for  the  full  or  unexpired  term,  as  the  case  demands;  and 
within  ten  days  after  an  appointment,  the  probate  judge 
shall  report  to  the  commissioner  of  common  schools  the  name 
and  post-office  of  the  appointee,  and  whether  the  appoint- 
ment is  for  a  full  or  unexpired  term  ;  and  no  person  ishall  be 
appointed  to  the  position  or  exercise  the  office  of  state, 
county,  city  or  village  examiner  of  teachers  who  is  the  agent 
of  or  is  interested  in  any  book-publishing  or  book-selling 
firm,  company  or  business.    [85  v.  330.J 

Sec.  4070.  The  board  shall  organize  by  choosing  from 
its  members  a  president  and  clerk ;  the  clerk  shall  keep  a 
record  of  the  proceedings,  showing  the  number  and  date  of 
each  certificate  issued,  and  to  whom,  for  what  term,  and  for 
what  branches  of  study,  and  such  other  statistics  relating  to 
the  examination  and  proceedings  as  the  commissioner  of  com- 
mon schools  may  require,  and  shall  report  such  statistics  to 
the  commissioner  annually  on  or  before  the  first  day  of  Se- 
tember ;  and  such  boards  may  make  all  needful  rules  and 
regulations  for  the  proper  discharge  of  their  duties.  [70  v. 
241,  §95;  85  v.  195.] 


Who  may  be 
examiner. 


Sectiox  4069.  Ag  the  statute  requires  that  an  examiner  shall  be  a 
resident  of  the  county  in  which  he  is  appointed,  so  the  Constitution,  Art. 
XV,  section  4,  declares  that  "  no  person  shall  be  elected  or  appointed  to 
any  office  in  this  state,  unless  he  possesses  the  qualifications  of  an  elector." 

Sec.  4070.  The  prosecuting  attorney  is  the  legal  adyiser  of  county 
boards  of  examiners.    See  section  1274,  B.  S. 


SCHOOL    OFFICERS     GUIDE. 


123 


Examiners. 


Ch.  12. 


Each  board  shall  fix  upon  the  place  and  times  ^oa1-d°.Sd  Le 


Sec.  4071 
for  holding  meetings  for  the  examination  of  applicants  for  cer- 
tificates, notice  of  which  shall  be  published  in  some  news- 
paper of  general  circulation  in  the  county;  the  meetings,  of 
which  there  shall  not  be  moie  than  eighteen  in  any  year,  shall 
be  held  at  such  place  in  the  county  as  will,  in  the  opinion  of 
the  board,  best  accommodate  the  greatest  number  of  appli- 
cants; a  majority  of  the  board  may  examine  applicants  and 
grant  certificates;  and  as  a  condition  of  examination  each  ap- 
plicant shall  pay  to  the  board  a  fee  of  fifty  cents.  [70  v.  195, 
§§  90,  91.] 


for  examina- 
tion. 


Sec.  4071  (a).  The  law  provides  for  several,  not  more  than  eighteen, 
duly  advertised  meetings  of  the  board  for  the  examination  of  teachers. 
The  notice  seems  designed  for  the  accommodation  of  the  teachers  and  ex- 
aminers both,  and  probably  to  prevent  star  chamber  examinations.  The 
limited  number  of  meetings  provided  for  is  evidently  designed  to  limit  the 
expense  to  the  stata.  Ic  is  nowhjie  ccpr^ssly  declared  that  the  board 
shall  not  grant  certificates  to  individuals  except  at  such  advertised  meetings. 
As,  however,  the  law  has  made  of  three  competent  persons  a  board  of  exam- 
iners, it  knows  no  individual  person  or  persons,  as  such,  who  have  power  to 
examine,  or  to  determine  the  qualifications  of  teachers.  It  requires  the 
official  judgment  of  three  men,  or  a  majority  of  them,  on  every  question 
submitted  to  examiners  for  decision. 

(b).  A  hoard  duly  organized,  with  its  president  and  clerk,  constitutes 
the  authoritative  body  to  which  the  state  has  entrusted  these  serious  and 
important  duties.  Certainly,  no  meeting  for  the  examination  of  a  teacher 
would  be  able,  in  any  emergency,  to  give  a  legal  certificate,  of  which  meet- 
ing all  the  members  have  not  had  due  notice,  unless  this  defect  is  cured  by 
the  actual  presence  of  all  three  of  the  members,  with  common  consent  to 
proceed  with  the  examination. 

(c).  No  teacher  can  draw  pay  for  teaching  a  single  day  without  a  cer- 
tificate which  covers  all  the  branches  he  assays  to  teach,  and  the  penalty  is 
severe  as  to  him,  and  as  to  the  members  of  any  board  of  education,  and  any 
clerk  or  treasurer  who  shall  unlawfully  pay  out  the  money  of  the  state — see 
section  6841.  A  dilemma  may  be  presented  under  the  law  itself,  which  can 
only  be  met  by  considering  and  conforming  to  the  strongest  purpose  of  the 
law.  This  purpose  would  seem  to  be  that  the  schools  shall  be  kept  up,  and 
shall  only  be  taught  by  persons  holding  certificates.  Thus,  perhaps,  a  board 
may  be  justified  in  holding  a  special  meeting  for  the  examination  of  a 
teacher.  It  should  never  be  done  without  the  most  urgent  reasons,  such  as 
a  vacancy  occasioned  by  death,  or  a  like  pressing  emergency.  It  can  hardly 
be  claimed  that  such  special,  unadvertised  meeting  is  such  a  meeting  as  is 
directly  provided  for  by  law,  and  for  which  pay  can  be  drawn. 

.{d).  It  seems  that  examiners  have,  in  some  cases,  advertised  meetings 
for  the  examination  of  candidates  for,  say,  three  years'  certificates  only.  It 
is  difficult  to  see  the  legality  or  expediency  of  such  proceeding.  Have  not 
all  candidates  a  right  to  appear  at  any  of  the  public  advertised  meetings 


Number  of 
examinations. 


Private  ex- 
aminations. 


Notice  of 
meeting. 


Certificate 
must  cover 
all  branches 
taught. 


Special  meet- 
ing extreme 
cases. 


Examina- 
tions for  spec- 
ial grade  cer- 
tificates. 


OHIO    SCHOOL    LAWS. 


Ch.  12. 


Examiners. 


Disposition  of 
fees. 


Certificates 
valid,  when 
and  where. 


Sec.  4072.  The  clerk  of  the  board  shall  pay  to  the  county 
treasurer,  quarterly,  all  fees  received,  and  file  with  the  county 
auditor  a  written  statement  of  the  amount,  and  of  the  num- 
ber of  applicants,  male  and  female,  examined  during  the 
quarter;  and  such  money  shall  be  set  apart  for  the  support 
of  teachers'  institutes,  and  applied  as  provided  in  chapter 
thirteen.     [70  v.  195,  §  91 ;  83  v.  40.J 

-^  Sec.  4073.  The  board  may  grant  certificates  for  one,  two 
and  three  years  from  the  day  of  examination,  which  shall  be 
valid  in  the  county  wherein  they  are  issued,  except  in  city 
and  village  districts  that  have  boards  of  examiners,  in  which 


Board  must 
decide  as  to 
each  appli- 
cant, i 


Assistance  of 
experts| 


Delegation  of 
ofllcial  trust. 


Signature, 
wrong  initials. 


provided  for  by  law?  If  one  fails  in  a  trial  for  a  three  years'  certificate, 
may  he  not  be  found  qualified  to  receive  a  two  years'  certificate  without  the 
trouble  and  expense  of  another  journey  and  another  fee? 

(e).  It  has  been  decided  by  two  or  more  common  pleas  courts  of  Ohio, 
"  that  the  examination  of  the  candidate,  and  determination  to  grant  the 
certificate  being  official  acts,  can  only  be  legally  performed  at  a  session  of 
the  board  duly  organized,  and  that  the  whole  board,  as  such,  is  to  decide  re- 
garding the  qualifications  oieach  applicant  to  teach  eacA  branch  certified  to." 
See  also  case  of  McCortle  v.  Bates,  29  O.  S.,  419,  as  quoted  quite  in  full 
under  section  3982.  All  its  reasoning  regarding  boards  of  education  applies 
equally  to  examining  boards. 

(/).  The  board  may,  in  certain  cases,  call  in  the  aid  of  a  specialist  to 
examine  a  candidate  for  them  in  specific  branches.  But  the  official  mind, 
as,  in  cases  at  the  bar,  tlie  "judicial  mind,"  must  itself  be  satisfied — in  this 
case  by  the  testimony  of  the  expert — that  the  candidate  is  qualified  in  each 
branch,  and  the  board  must  certify  to  this. 

(g).  An  official  trust  cannot  be  delegated.  See  III.  Central  Law 
Journal,  page  472.  The  board  has  no  authority',  therefore,  to  appoint 
a  substitute  to  perform  the  duties  of  any  of  its  members.  A  certificate 
depending  on  the  signature  of  such  substitute  for  its  validity,  is  worthless. 
As  all  citizens  are  bound  to  know  the  law,  so  candidates  and  school  author- 
ities are  bound  to  know  who  are  legal,  or,  at  least,  de  facto  public  officers. 

*  (i).  If  a  person  ineligible  to  the  office  of  examiner  has  been  appointed 
in  good  faith,  and  without  knowledge  of  this  ineligibility,  it  is  probable  his 
acts  as  exajniner  would  be  held  valid  in  a  court  of  law,  as  the  acts  of  an 
officer  de  facto  though  not  de  jure.  But  it  is  clear  that  after  tlie  attention 
of  the  interested  parties  has  been  called  to  this  ineligibility,  that  all  the 
future  acts  of  such  ineligible  person  as  an  examiner  will  be  null  and  void, 
and  that  any  certificate  depending  on  the  signature  of  such  person  for  its 
validity,  will  be  without  legal  value. 

(A),  An  officer  commissioned  under  the  initials  J.  H.,  signs  liis  true 
initials  A.  J.,  to  a  certificate,  A.  J.  being  the  person  in  fact  intended  and 
appointed,  the  act  and  signature  are  held  sufficient  by  the  Supreme  Court 
of  Ohio.  See  N.  B.  Gates,  treasurer,  vs.  Beckwith,  in  II.  Western  Law 
Monthly,  page  589. 


SCHOOL    OFFICERS     GUIDE.  1 25 

Examiners.  Ch.  12. 

they  shall  not  be  valid  ;  and  the  examiners  may  grant  certifi- 
cates for  five  years  to  such  applicants  as  in  addition  to  the 
necessary  qualifications,  have  been  for  three  years  next  pre- 
ceding their  application  engaged  in  teaching,  twelve  months 
of  which  experience  shall  have  been  in  one  place :  and  such  what  cenm- 

CiltGS  rGIlGWfl.* 

certificate  for  five  years  shall  be  renewable  upon  the  same  bie,  andhow. 
conditions  but   without   examination,   at   the  direction    of 
the  examining  board;  and  if  at  any  time  the  recipient  of 
a  certificate  be  found  intemperate,  immoral,  incompetent  or  How  certifi 
negligent,  the  examiners,  or  any  two  of  them,  may  revoke  the  revoked?and 
certificate;  but  such  revocation  shall  not  prevent  a  teacher    ^"^^^  **' 
from   receiving   pay  for  services   previously  rendered;   and 
when  any  recipient  of  a  certificate  is  charged  with  intemper- 
ance or  other  immorality,  the  examining  board  shall  have 
power  to  send  for  witnesses  and  examine  them  on  oath  or 
affirmation  touching  the  matter  under   investigation.     The 
fees  and  other  expenses  of  such  trial  shall  be  certified  to  the 
county  auditor  by  the  clerk  and  president  of  the  examining 
board,  and  paid  out  of  the  county  treasury  upon  the  order  of 
the  auditor.'    [70  v.  195,  §  92 ;  79  v.  83 ;  81  v.  55 ;  85  v.  331.] 

Sec.  4074.  No  person  shall  be  employed  as  a  teacher  in  Qualifications 
a  common  school  who  has  not  obtained  from  a  board  of  ex-  °^  teachers. 
aminers,  having  competent  jurisdiction,  a  certificate  of  good 
moral  character,  and  that  he  or  she  is  qualified  to  teach 
orthography,  reading,  writing,  arithmetic,  geography,  English 
grammar  and  the  history  of  the  United  States,  and  possesses 
an  adequate  knowledge  of  the  theory  and  practice  of  teaching, 
and  if  required  to  teach  other  branches  that  he  or  she  has  the 
requisite  qualifications;  but  persons  who  desire  or  are  ex- 
pected to  teach  only  special  studies,  such  as  music,  drawing, 
painting,  penmanship,  gymnastics,  German  or  French,  or 
any  one  of  them,  or  the  primary  department  in  any  graded 
school,  may  be  examined  in  regard  to  such  study  or  studies 
above  mentioned,  or  with  special  reference  to  their  qualifica- 

Sec.  4072.  This  section,  together  with  section  4076,  implies  that  the  urerV?  board, 
clerk  is  also  treasurer  of  the  board  of  examiners.  In  the  latter  section,  the 
state  requires  of  him  a  bond  for  the  payment  to  the  auditor  of  all  moneys 
that  come  into  his  hands  as  fees.  This  will  probably  relieve  the  other 
examiners  of  joint  personal  responsibility  with  him  for  such  payment,  as 
he,  alone,  is  authorized  to  handle  the  funds,  and  the  state  assumes  the  full 
control  of  his  acts  under  such  bond.  The  other  examiners  should  see,  as  a 
matter  of  interest  to  them,  that  the  clerk  conforms  to  this,  and  other  Special, 
requirements  of  the  law,  as  to  records,  reports,  and  the  like.  The  law  is 
careful  to  prescribe  the  limit  of  the  expenses  to  be  drawn.    But  it  also  pre- 


126 


OHIO    SCHOOL    LAWS. 


Ch.  12. 


Primarj'. 


Examiners. 


tions  to  teach  in  such  primary  department  only,  and  having 
obtained  a  certificate  of  qualification  therein,  and  of  good 
moral  character  may  be  employed  to  teach  such  study  or 
studies,  or  in  such  primary  department ;  provided,  that  after 
January  1,  1889,  no  person  shall  be  employed  as  a  teacher  in 
any  common  school  who  has  not  obtained  from  such  board  of 
examiners  a  certificate  that  he  is  qualified  to  teach  physiology 
and  hygiene.     [71  v.  107,  §  93;  79  v.  70;  85  v.  831.] 


Antedating 
certificates. 


Amount  and 
Icind  of  exam- 
ination. 


Discretion  of 
examiners. 


Causes  for  re- 
vocation. 


Notice  of  re- 
vocation. 


scribes  that  the  money  shall  be  drawn  only  for  necessary  and  actual,  not  con- 
structive  expenses,  and  that  such  expenses  for  each  quarter  shall  be  paid  out 
of  the  funds  received  during  that  quarter.  This  includes  the  necessary 
traveling  expenses,  or  such  hotel  bills,  as  are  actually  and  necessarily  paid 
out,  in  the  discharge  of  duties  prescribed  by  law. 

Sec.  4073  (a).  The  board  may  grant  certificates  of  the  four  grades 
only,  and  since  the  statute  uses  the  language  "from  the  day  of  examina- 
tion," it  seems  to  give  no  authority  to  antedate  a  certificate. 

(6).  The  law  does  not  prescribe  the  amount  or  kind  of  examination 
which  the  board  shall  employ  to  satisfy  themselves  of  the  qualifications  of 
each  applicant.  It  rests  on  the  discretion  of  the  board  to  determine  whether 
it  is  necCTSary  to  subject  a  teacher  who  has  taught  with  marked  intelligence 
and  success,  and  for  years,  within  the  circuit  of  their  knowledge,  to  the 
same  rigid  examination  to  which  they  subject  beginners,  and  those  of  whose 
qualifications  the  examiners  have  no  knowledge. 

(c).  There  is  also  no  reason  why  examiners  should  not  exercise  theii 
discretion  about  the  further  examination  of  candidates  who  have  failed  in 
one  or  two  branches,  but  who  left  at  a  recent  sef^sion  of  the  board  a  thor- 
oughly satisfactory  record  of  examination  in  a  large  part  of  the  branches. 

(d).  The  revocation  of  a  certificate  is  not^strictly  a  judicial  proceed- 
ing. The  law  which  clothes  the  boards  of  examiners  with  discretionary 
power,  will  protect  them  in  the  proper  use  of  it.  They  cannot,  of  course, 
be  mulcted  in  damages  nor  removed  from  office,  for  refusing  to  grant  a  cer- 
tificate, nor  for  revoking  a  certificate,  in  the  exercise  of  this  discretion.  If 
malice  or  other  undue  motive  enter  into  the  transaction,  however,  the  can- 
didate has  his  remedy  in  the  courts,  and  the  probate  judge  may  remove  any 
members  for  such  cause,  as  a  malfeasance  in  office — an  immorality — one  of 
the  causes  enumerated  in  the  law. 

(c).  Manifest  incompetency  to  teach  or  to  govern  a  school,  cruelty, 
negligence,  and  immorality,  are  enumerated  as  the  causes  that  may  lead  to 
a  revocation  of  a  certificate.  Intemperance  is  given  in  the  law  as  a  ground 
for  refusing  a  certificate,  and  this  is  very  definite  instruction  to  annul  a 
certificate  for  this  cause.  Habitual  profanity,  dishonebty,  larceny,  and 
other  violations  of  law  would  certainly  justify  the  annulling  of  a  certificate. 

(/).  Notice  of  such  annulment  should  be  given  to  the  boards  of  edu- 
cation concerned,  at  least.  A  person  cannot  draw  pay  after  his  certificate 
is  annalle*!.  While  it  is  proper  to  remember  that  it  is  a  very  serious  thing 
to  exclude  a  man  from  the  profession,  it  should  be  remembered  that  it  is 


SCHOOL   OFFICERS     GUIDE.  12/ 


Examiners.  Ch.  12. 


Sec.  4075.     Each  member  of  the  board  shall  be  entitled  compensatic  n 

and  expenseb 

to  receive  two  dollars  for  each  day  he  is  necessarily  engaged  of  board. 
in  official  service,  to  be  paid  out  of  the  county  treasury  on  the 
order  of  the  county  auditor;  all  books,  blanks,  and  stationery 
required  by  the  board  shall  be  furnished  by  the  county  aud- 
itor. The  board  may  contract  for  the  use  of  suitable  rooms  in 
which  to  conduct  examinations,  procure, fuel  and  light,  and 
employ  janitors  to  take  charge  of  the  rooms  and  keep  them  in 
order,  and  the  expenses  so  incurred,  and  also  the  necessary 
traveling  expenses  of  the  examiners,  which  shall  not  in  any 
quarter  exceed  one  third  the  amount  of  examination  fees  re- 
ceived, together  with  the  cost  of  advertising  required  by  sec- 
tion 4071,  shall  be  paid  out  of  the  county  treasury  on  orders 
of  the  county  auditor,  who  shall  issue  such  orders  upon  the 
certificate  of  the  president  of  the  board,  countersigned  by  the 
clerk.     [70  v.  241,  §  95 ;  83  v.  40  ] 

still  more  serious  to  neglect  the  intellectual  and  moral  interests  of  pupils, 
and  worse  still  to  appropriate  the  money  of  the  people  to  promote  im- 
morality and  bruti'hness. 

(g).  Of  course,  a  board  of  examiners  may  revoke  for  proper  cause,  a 
certificate  granted  by  its  predecessors. 

•■•  Sec.  4074.  (a).  The  provision  of  the  statutes  "that  no  person  shall 
be  employed"  as  a  teacher  unless  he  has  obtained  the  certificate  required 
by  law,  does  not  render  invalid  a  contract  for  employment  made  with  the 
teacher  before  he  obtains  the  requisite  certificate,  provided  he  obtains  it 
before  entering  upon  the  duties  of  his  employment.     22  O.  S.,  194. 

*  (6).  In  Illinois,  a  certificate  was  not  obtained  till  the  middle  of  the 
term.  A  new  contract  was  entered  into  at  that  time  to  pay  the  teacher 
double  wages  for  the  r«st  of  the  term.  This  was  considered  an  attempt  to 
do  indirectly  what  there  was  no  power  to  do  directly;  and 'therefore  the 
contract  was  held  void.     71  111.,  532. 

*  (c).  A  person  began  teaching  under  a  contract.  He  taught  three 
weeks ;  then  obtained  a  certificate  and  made  a  written  contract  to  run  three 
months  from  the  time  he  began  teaching.  Held:  That  he  was  entitled  to 
wages  after  certificate  was  obtained,  but  to  no  pay  for  the  previous  three 
weeks.     20  Minn.,  72. 

(d).  No  money  can  be  legally  drawn  for  teaching  a  day  without  a 
certificate,  and  to  receive  public  money  illegally  is  a  crime  under  sections 
6841  and  6846. 

(e).     It  is  expressly  illegal— see  sections  4017  and  4018 — to  pay  an  in- 
creased salary  for  that  part  of  a  term  covered  by  a  certificate,  in  case  the    1^1^^^'^^^ 
certificate  does  not  cover  the  whole  term. 

(/).    The  principle  governing  communications  to  examining  officers 
relative  to  the  moral  character  of  an  applicant,  or  his  fitness  to  teach,  may  be    tions  to  ex  * 
gathered  from  a  recent  decision  of  the  Supreme  Court  of  Michigan.    Camb-   boar'd"^ 


128 


OHIO    SCHOOL    LAWS. 


Ch.  12. 


Exami 


Anuual  re- 
port of  clerk, 
and  his  bond. 


Examiners  in 
city  districts; 
appointment, 
terms,  revoca- 
tion. 


Sec.  4076.  The  clerk  of  the  board  shall  prepare,  and 
forward  to  the  commissioner  of  common  schools,  on  or  before 
the  first  day  of  September  of  each  year,  a  statement  of  the 
number  of  examinations  held  by  the  board,  the  number  of 
applicants  examined,  the  total  number  of  certificates  granted, 
and  the  number  for  each  term  mentioned  in  section  forty 
hundred  and  seventy-three,  the  amount  of  fees  received  and 
paid  to  the  county  treasurer,  the  amount  received  from  the 
county  treasury,  by  the  members  of  the  board  for  th^ir  ser- 
vices, and  such  other  statistics  and  information  in  relation  to 
the  duties  of  the  board  as  the  commissioner  may  requir- ;  and 
he  shall  deposit  with  the  county  auditor  a  bond,  with  surety 
to  be  approved  by  the  auditor,  in  the  sum  of  three  hundred 
dollar?,  that  he  will  pay  into  the  county  treasury,  quarterly, 
the  examination  fees  received  by  the  board,  and  make  the 
statistical  returns  required  by  this  chapter.  [70  v.  241,  §  95  • 
85  V.  195.] 

Sec.  4077.  There  shall  be  a  board  of  examiners  for  each 
city  district  of  the  first  class,  to  be  appointed  by  the  board  of 
education  of  thedistiic';  such  board  may  consist  of  either 
three  or  six  persons,  as  the  board  of  education  may  determine, 
and  the  persons  appointed  shall  have  had  at  least  five  years' 
practical  experience  in  teaching,  and  shall  otherwise  be  com- 
petent for  the  position,  and  residents  of  the  district  for  which 
they  are  appointed;  the  term  of  office  of  such  examiners 
shall  be  three  years;  the  term  of  one-third  of  the  examiners 
shall  expire  on  the  31st  of  August  each  year ;  but  the  board 
of  education  may  revoke  any  appointment,  upon  satisfactory 
proof  that  the  appointee  is  inefficient,  negligent,  or  guilty  of 


Quarterly  re- 
port. 


bell,  J.,  lield  :  "In  the  present  case  the  communication  was  fully  privileged. 
It  was  made  by  persons  interested  in  the  school  to  persons  qualified  to  re- 
ceive and  act  on  the  petition,  for  an  honest  purpose,  and  with  an  honest 
belief  in  the  justice  of  their  action.  In  such  cases  no  action  can  be  main- 
tained even  it  the  complaint  is  untrue,  if  not  maliciously  made."  See  also 
Foster  v.  Scripps,  39  Mich.,  376. 

(g).  As  to  penalty  for  bribing  or  attempting  to  bribe  an  officer,  see 
section  6900. 

Sec.  4076  (a).  As  the  school  year  begins  on  the  first  day  of  September 
of  each  year,  the  quarterly  payments  are  to  be  made  for  the  quarters  ending 
with  November,  February,  May  and  August. 

(6).  The  prosecuting  attorney  is,  by  section  1276,  R.  S.,  required  to 
inspect  the  bonds  of  all  county  officers  and  certify  that  the  same  are  suffic- 
ient 


SCHOOL    OPFICERS     GUIDE.  1 29 


Examiners.  Oh.  12. 


immoral  conduct;  when  a  vacancy  occurs  in  the  board, 
whether  from  expiration  of  term  of  office,  refusal  to  serve,  or 
other  cause,  the  board  of  education  shall  fill  the  same  by  ap- 
pointment for  the  full  or  unexpired  term,  as  the  case  demands ; 
and  within  ten  days  after  an  appointment,  the  clerk  of  the 
board  of  education  shall  report  to  the  commissioner  of  com- 
mon schools  the  name  of  the  appointee,  and  whether  the  ap- 
pointment is  for  a  full  or  unexpired  term.  [70  v.  195,  §  97; 
71  V.  107,  §96;  85  v.  332.] 

Sec.  4078.  Such  board  of  examiners  shall  determine  the  Duties  and 
standard  of  qualification  for  teachers,' and  may  examine  any  ^otu'd?. "^'^^^'^ 
school  in  the  district  when  such  examination  is  deemed  neces- 
sary to  ascertain  a  teacher's  qualifications,  but  in  the  ex- 
amination of  applicants  and  the  granting  of  certificates  the 
board  shall  be  governed  by  the  provisions  of  section  forty 
hundred  and  seventy-four,  and  to  secure  a  thorough*  examina- 
tion of  applicants  in  difficult  branches  or  special  studies,  the 
board  may  secure  the  assistance,  temporarily,  of  persons  of 
sufficient  knowledge  in  such  branches  or  studies,  who  shall 
promise  on  oath  or  affirmation,  to  be  administered  by  the 
clerk  of  the  board  of  examiners,  to  perform  the  duties  of  ex- 
aminer faithfully  and  impartially,  and  superintendents  of 
schools  shall  give  to  the  board  all  necessary  information  in 
reference  to  branches  and  special  studies  to  be  taught,  and 
the  branches  of  study  and  grades  of  school  which  teachers 
will  be  required  to  teach.     [71  v.  107,  §  96;  85  v.  832.] 

Sec.  4079.  The  board  shall  organize  by  choosing  from  0/^*°""^*^°^ 
its  members  a  president  and  a  clerk ;  and  the  clerk  shall  give  ^ond  of  clerk, 
bond  in  the  sum  of  five  hundred  dollars,  with  surety  to  be 
approved  by  the  board  of  education,  conditioned  that  he  will 
perform  faithfully  the  duties  required  of  him  by  this  chapter, 
which  bond  shall  be  deposited  with  the  clerk  of  the  board  of 
education.    [70  v.  195,  §  98.] 

Sec.  4077  (a).     Nothing  in  the  statute  directly  prohibits  a  member  of    cierk. 
the  board  of  education  from  serving   on  a  city  or  village  board   of  exam- 
iners, but  the  provisions  of  section  3974  would  prevent  his  receiving  pay  for 
such  services. 

(6).  Failure  to  comply  with  the  requirement  to  notify  the  commis- 
sioner of  the  appointment  of  a  clerk  has  sometimes  occasioned  great  incon- 
venience, as  it  is  made  the  duty  of  that' state  officer,  in  certain  cases,  to 
look  after  the  proper  payment  of  fees  into  the  treasury. 

9 


I30 


OHIO    SCHOOL    LAWS. 


!l   Ch.  12. 


Examiners. 


Meetings  of 
city  boards. 


Examination 
fees;  certifi- 
cates valid, 
when  and , 
where.;  .^j 


How'revoked, 


Sec.  4080.  The  board  shall  hold  not  less  than  two  meet- 
ings each  year,  notice  of  which  shall  be  published  in  some 
newspaper  of  general  circulation  in  the  district,  and  the  ex- 
pense of  such  publication  shall  be  paid  as  provided  in  section 
forty  hundred  and  eighty-two,  and  all  examinations  of  appli- 
cants shall  be  conducted  at  the  meetings  of  the  boards  thus 
called,  and  the  examination  of  each  and  every  applicant 
shall  be  in  the  presence  of  at  least  two  members  of  the  board. 
[85  V.  332.] 

Sec.  4081.  Each  person  who  applies  to  the  board  for  ex- 
amination shall  pay  to  the  clerk  a  fee  of  fifty  cents.  The 
board  may  grant  certificates  for  one,  two  and  three  years,  from 
the  day  of  examination,  which  shall  be  signed  by  the  presi- 
dent and  attested  by  the  clerk,  and  shall  be  valid  within  the 
district  wherein  they  were  issued ;  and  the  examiners  may 
grant  certificates  for  five  years  to  such  applicants  as  in  addi- 
tion to  the  necessary  qualifications,  have  been  for  three  years 
next  preceding  their  application  engaged  in  teaching,  eigh- 
teen months  of  which  experience  shall  have  been  in  one 
place;  and  such  certificate  for  five  years  shall  be  renewable 
upon  the  same  conditions,  but  without  examination,  at  the 
discretion  of  the  examining  board;  and  on  the  production  of 
satisfactory  evidence  that'a  person  to  whom  a  certificate  has 
been  issued  is  inefficient,  or  guilty  of  immoral  or  improper 
conduct,  the  board  may  revoke  the  certificate  and  discharge 
such  person  from  employment  as  teacher  in  the  district;  but 
such  teacher  shall  be  entitled  to  pay  for  services  to  the  time 
of  such  discharge,  and  the  word  teacher  shall  be  held  to  in- 
clude superintendent  of  schools ;  and  when  any  holder  of  a 
certificate  is  charged  with  intemperance  or  other  immorality, 
the  board  shall  have  power  to  send  for  witnesses  and  examine 
them  on  oath  touching  the  matter  under  investigation.  [70 
V.  195 ;  72  v.  114;  77  v.  7;  78  v.  87;  85  v.  333.] 


Sec.  4081  (a).  There  is  no  law  making  certificates  granted  by  city 
boards  of  examiners  good  in  the  country  if  endorsed  by  the  county  exam- 
iners. 

*  (6).  A  county  board,  however,  may  legally  issue  a  certificate  of  its 
own  on  the  city  certificate,  without  an  examination,  if  the  board  is  satisfied 
that  this  city  certificate  presents  sufficient  evidence  that  its  holder  is  qual- 
ified to  teach  in  the  schools  of  the  county. 


SCHOOL    OFFICERS     GUIDE.  I3I 


Examiners.  Ch.  12. 


Sec.  4082.    The  board  of  education  shall  fix  the  compen-  ^tion  orexam- 
satioaj  of  such   examiners,  and  the  persons  called  to  their  Jiemai  ex-* 
assistance,  furnish  the  necessary  books,  blanks,  and  station-  p°°**^^- 
«ry  for  their  use,  and  designate  a  school  building  within  the 
district  in  which  they  shall  conduct  examinations,  and  cause 
such  building  to  be  lighted  and  heat'^d  if  necessary ;  and  such 
compensation,     and    the    incidental    expenses  incurred   on 
account  of  the  board  of  examiners,  shall  be  paid,  by  order  of 
the  board  of  ;education,  from  the  contingent  fund  of  the  dis- 
trict.    [71  V.  107,  §96.] 

Sec.  4083.     The  clerk  shall  keep  a  record  of  the  proceed-  city  and  vu- 
ings  of  the  board,  and  of  such  statistics  as  the  commissioner  erf!  diuies" 
of  common  schools  may  require,  and  shall  report  such  statis-  disposition 
tics  to  the  commissioner  annually,  on  or  before  the  first  day 
of  September;  he  shall  pay  the  examination  fees  received  by 
him  to  the  treasurer  of  the  district  within  ten  days  after  each 
meeting,  and  at  the  same  time   file   with  the  clerk  of  the 
board  of  education  a  written  statement  of  the  amount,  and 
also   a    statement    of  the  number   of  applicants,  male  and 
female,  examined,  and  the  number  of  certificates  granted,  and 
for  what  terms;  and  the  fees  paid  to  the  treasurer  of  the  dis- 
trict shall  be  applied  to  the  support  of  teachers'  institutes,  as 
provided  in  chapter  thirteen.     [70  v.  195,  §  98;  «5  v.  198.] 

Sec.  4084.     The  provisions  of  this  chapter,  relating  to  Board  of 

T        •  /•     1        />  school  exam- 

boards  of  examiners,  for  city  districts  of  the  first  class,  shall    iners  for  city 

districts,  sec- 

be  applicable  to  such  boards  for  city  districts  of  the  second   omi  class  and 
class  and  village  districts  having  an  enumeration  of  not  less  t^icts. 
than  seven-  hundred  youth  of  school  age;   except  that  such 
boards  shall  consist  of  three  members,  and  except  also  that 


*  Sec.  4085.  Various  interpretations  of  the  meaning  of  this  section 
have  been  given.  This  has  arisen  from  the  different  definitions  given  the 
word  "school"  in  the  several  sections  of  the  country.  By  "school"  is 
meant  in  some  of  the  cities  and  towns  of  the  eastern  states,  each  room  of 
pupils  in  a  school  building;  but  generally  there,  as  in  the  West,  "school" 
means  all  the  pupils  of  a  division  of  a  city,  town,  or  village,  made  for 
school  purposes,  gathered  into  one  building,  or  sometimes  more  than 
one.  And  the  same  definition  applies  to  sub-districts.  In  any  system  of 
schools  entitled  to  a  city  board  of  examiners,  the  superin^^eudent, 
who  is  not  connected  with  any  one  school  specially,  but  with  the  system  as  a 
whole,  can  be  a  member  of  the  board  (ajd  ought  always  to  be  so)  and  as 
many  of  the  teachers  as  the  board  of  education  may  choose  to  select,  pro- 
Tided  no  two  of  them  are  from  the  same  building. 


132 


OHIO    SCHOOL    LAWS. 


Ch.  12. 


Examiners. 


Who  ineligi- 
ble as  exam- 
iner. 


the  examination  fees  shall  be  disposed  of,  and  statements 
filed  with  the  county  auditor,  as  provided  in  section  four 
thousand  and  seventy-two,  in  all  such  districts  not  covered  by 
the  provisions  of  section  four  thousand  and  ninety-three. 
L70  v.  195;  72  v.  114;  78  v.  87;  83  v.  35 ;  85  v.  30.] 

Sec.  4085.  No  board  of  county,  city,  or  village  examin- 
ers shall  have  more  than  one  member  connected  with  the 
same  school. 


CHAPTER  13. 


TEACHERb'  INSTITUTES. 


Section 
40S6.    County   institutes  —  how    organ- 
ized, etc. 
4087.    Payuieut  of  institute  fund  to  com- 

m  ttee. 
4088     Report  >  f  institute  committee. 

4089.  Forfeiture  of  tommittee's  bund. 

4090.  When  school  commissioner  may 

hold  institute. 


Section 

4091.  Teachers  may  dismiss  fchool  to  at- 

tend institute. 

4092.  Institute  ior  city  district  of   first 

class.  '      ; 

4093.  Institute   for  teachers  of  adjacent 

count  its, 

4094.  Length  of  sessions;  reports  of  cer- 

tain institutes. 


Organisation. 


Election  of 
officers. 


Bond. 


Sec.  4086.  A  teachers'  institute  may  be  organized  in  any 
county,  by  the  association  of  not  less  than  thirty  practical^ 
teachers  of  common  schools  residing  therein,  who  shall  de- 
clare their  intention  in  writing  to  attend  such  institute,  the 
purpose  of  which  shall  be  the  improvement  of  such  teachers 
in  their  profession;  such  institute  shall  elect  annually,  by 
ballot,  a  president,  secretary  and  also  an  executive  committee 
to  manage  the  affairs  of  the  institute,  which  committee  shall 
enter  into  a  bond,  payable  to  the  state  of  Ohio,  with  sufficient 
surety,  to  be  approved  by  the  county  auditor,  in  double  the 
amount  of  the  institute  fund  in  the  county  treasury,  for  the 
benefit  of  the  institute  fund  of  the  county,  and  con- 
ditioned that  the  committee  shall  account  faithfully  for  the 
money  which  will  come  into  its  possession,  and  make  the  re- 
port to  the  commissioner  of  common  schools,  required  by  sec- 
tion four  thousand  and  eight,  and  such  election  of  oflacer& 


*  Skc.  4086.  The  purpose  of  a  teachers'  institute  being  the  im. 
provement  of  the  teachers  enfltled  to  its  privileges  in  their  profession, 
it  clearly  follows  that  the  instruction  given  therein  should  be  mainly 
upon  methods  of  teaching  and  the  management  of  schools. 


SCHOOL    OFFICERS     GUIDE.  1 33 


Teacliers'   Institutes.  Ch.  13. 


shall  be  held  during  the  session  of  such  institute,  and  at  a 
time  fixed  by  the  executive  committee  thereof,  of  which  elec-  nouce* of  elec- 
tion at  least  three  days'  notice  shall  be  given  the  members  of  *'°°* 
fiuch  institute  by   posting  conspicuously  in  a  room,  where 
euch  institute  is  held,  a  notice  of  the  time  and  place  of  hold- 
ing such  election.     [70  v.  195,  §  112 ;  84  v.  230.] 

Sec.  4087.     The  declaration  and  bond  mentioned  in  sec-  Payment  of 

71         7'i  •       1111        /»ii       ■!  institute  fund 

tion  forty  hundred  and  eighty-six  shall  be  tiled  with  the  county  to  commute. 

auditor,     whereupon      the     auditor     shall     give      to     the 

institute     committee     an    order    on    the    county    treasurer 

for    the   amount   of  the    institute    fund    in    the    treasury; 

and  any  portion  of  said  fund  not  disbursed  by  the  committee, 

shall  be  returned  to  the  county  treasury   on  the  certificate  of 

the  county  auditor.     [70  v.  195,  §  112.] 


Sec.  4088.     The   institute  committee  shall,  within  five  Teachers' in- 
days   after  the  adjournment  of  the  institute,  report  to   the   poitofcom- 

1  /.  1  •        miitee. 

commissioner  or  common  schools,  the  number  of  teachers  in 
attendance  at  the  institute,  the  names  of  instructors  and  lec- 
turers, the  amount  of  money  received  and  disbursed  by  the 
committee,  and  such  other  information  relating  to  the  insti- 
tute as  the  commissioner  may  require;  and  on  failure  to 
make  such  report  the  committee  shall  forfeit  and  pay  to  the 
state  the  sum  of  fifty  dollars.     [70  v.  195,  §  112  ;  85  v.  196] 

Sec.  4089.     Upon  the  forfeiture  of  the  committee's  bond,   Forfeiture  of 
the  prosecuting  attorney  of  the  county   shall  prosecute  an   boud. 
action    thereon,  in  the  name  of  the   state,  and  collect  any 
money  which  the  committee  may  have  failed  to  disburse 
according  to  law,  and  any  penalty  to  which  the  committee 
may  be  liable  under  this  chapter,  and  pay  the  same  into  the 


Sec.  4091  (a).  The  privilege  of  dismissing  the  schools  for  one 
week's  attendance  on  the  teachers'  institute  ia  granted  to  teachers  in 
cities  of  less  than  ten  thousand  inhabitants,  without  action  by  the  board 
of  education.  See  section  3886.  The  teacher  cannot,  under  the  law, 
draw  pay  for  the  work,  however.  The  last  clause  of  the  section  implies 
that  a  majority  of  the  teachers  in  a  system  of  schools  may  effect  their 
dismissal  though  the  minority  of  the  teachers  oppose  it. 

(6).  The  law  under  this  section  does  not  provide  that  teachers  shall 
require  pay  for  their  attendance  at  the  institute;  but  the  board  may  by 
resolution  allow  them  their  regular  salaries  during  such  attendance. 
No  teacher,  however,  can  be  paid  for  more  days  than  he  was  actually 
present. 


134 


OHIO    SCHOOL    LAWS. 


Ch.  13. 


Teachers'  Institute8. 


When  fchool 
commissioner 
may  hold  in- 
Btituie. 


Teachers  may 
dismiss  school 
to  attend  insti- 
tute. 


county  [treasury,  to  the  credit  of  the  institute  fund. 
[70  V.  195,  §  112.] 

Sec.  4090.  When  a  teachers'  institute  has  not  been  held 
within  two  years  n  any  county /the  commissioner  of  common 
schools  may  hold  or  cause  to  be  held  therein  such^nstitute ;. 
and  the  management  thereof  and  all  proceedings  |in  rela- 
tion thereto,  shall  be  the  same  as  herein  before  provided, 
except  that  the  written  declaration  required  shall  not  be 
necessary.    [70  v.  19-5,  §  114.] 

Sec.  4091.  All  teachers  of  common  schools  within  any 
county  in  which  a  county  institute  is  held,  except  those  em- 
ployed in  city  districts  of  the  first  class,  may  dismiss  their 
schools  for  the  purpose  of  attending  such  institute,  for  the 
week  in  which  it  is  held ;  and  boards  of  education  of  city  dis- 
tricts of  the  first  class  situate  within  such  counties  may,  by 
resolution,  extend  the  privilege  specified  above  to  the  teach- 
ers employed  by  them;  but  no  union  or  graded  school  shall 
be  dismissed  for  such  purpose  unless  a  majority  of  the 
teachers  employed  therein  assent  thereto.     [70  v.  195,  §  117.} 

Sec.  4092.  The  board  of  education  of  each  city  district 
of  the  first  class  may  provide  for  holding  an  institute  yearly, 
for  the  improvement  of  the  teachers  of  the  common  schools 
therein  ;  the  expenses  of  such  institute  shall  be  paid  from  the 
institute  fund  provided  for  by  section  forty  hundred  and  eighty- 
three;  if  the  board  of  any  district  do  not  provide  for  such 
institute  in  any  year,  it  shall  cause  the  institute  fund  in  the 
hands  of  the  district  treasurer  to  be  paid  to  the  treasurer  of 
the  county  wherein  the  district  is  situate,  who  shall  place 
the  sam3  to  the  credit  of  the  county  institute  fund,  and  the 
teachers  of  the  schools  of  such  district  shall  be  entitled,  in 
such  case,  to  the  advantages  of  the  county  institute,  subject 


Institutes  for 
city  districts 
of  the  first 
clas?. 


Disposition  of 
fees. 


Skc.  4092.  By  section  4083,  the  clerk  of  the  city  board  of  examiners 
is  bound  to  pay  all  fees  received  from  candidates  to  the  treasurer  of  the 
district.  By  this  section,  in  case  the  city  teachers  hold  no  institute,  the 
board  of  education  is  to  see  that  their  treasurer  pays  over  the  whole 
amount  of  the  fees  to  the  county  treasurer  for  the  use  of  county  insti- 
tutes. In  some  cases  this  duty  has  been  neglected,  and  much  trouble 
and  expense  have  been  occasioned  by  the  action  necessary  to  secure 
this  money  for  its  legitimate  purposes.  It  is  the  duty  of  the  state  com- 
missioner te  see  that  the  reports  to  his  office  show  this  to  have  beei» 
done. 


SCHOOL    officers'    GUIDE.  135 


Teachers'  Institutes.  Ch._^.13. 


to  the  provisions  of  the  preceding  section ;  and  the  clerk  of 
the  board  shall  make  the  report  of  the  institute  required  by 
section  forty  hundred  and  ninety-four.     [70  v.  195,  §  118.] 

Sec.  4093.  An  association  of  teachers  of  several  adjacent  institutes  for 
counties  may  organize  an  institute  for  the  specific  purpose  of  adjacent, 
providing  for  the  professional  instruction  of  the  teachers  of 
the  graded  schools  in  such  counties,  and  the  boards  of  all 
city,  village,  and  special  districts  within  such  counties  may 
contribute  from  the  institute  and  contingent  funds  under 
their  control,  to  defray  the  expenses  thereof,  and  may  permit 
teachers  employed  by  them  to  attend  the  institute  one  week; 
and  such  institute  shall  appoint  a  secretary,  who  shall  make 
the  report  required  by  the  next  section.      [70  v.  195,  §  119.] 

Sec.  4094.     All  institutes  held  under  the  provisions  of  Length  of 

this  chapter,  except  the  institute  provided  for   by  section  offenainin- 

siitutes. 
forty  hundred  and  ninety-three,  shall  continue  at  least  four 

days;  and  a  report  of  each  institute  held  in  pursuance  of  the 
provisions  of  sections  forty  hundred  and  ninety-two  and  forty 
hundred  and  ninety-three,  shall  be  made  to  the  commissioner 
of  common  schools  within  five  days  after  the  adjournment 
thereof,  which  shall  state  the  number  of  teachers  in  attend- 
ance, the  names  of  the  instructors  and  lecturers,  the  total 
expenses  of  the  institute,  and  the  portion  thereof  paid  from 
institute  funds,  and  such  other  information  relating  to  the 
institute  as  the  commissioner  may  require.  [70  v.  195, 
§§113,115,118;  85  V.  196.] 

*  8kc8.  4086-4094  (a).  Institutes  are  the  people's  training  schools. 
No  matter  how  great  the  facilities  for  instruction  in  normal  schools  a 
state  may  possess,  the  fact  will  remain  that  the  mass  of  teachers  must 
get  what  they  are  to  learn  of  methods  of  teaching  and  the  management 
of  schools  elsewhere.  In  our  state,  particularly,  we  must  look  to  the  in- 
stitute to  do  this  work. 

*  (6).  Professional  zeal  forms  a  large  element  in  the  success  of 
teachers ;  and  in  no  way  can  this  success  be  better  shown  than  by  a  faith- 
ful attendance  on  the  teachers'  institute  and  an  active  interest  in  its 
work.  Boards  of  examiners  are,  therefore,  fully  justified  in  taking  this 
attendance  and  this  interest  into  consideration  in  making  up  the  stand- 
ing of  candidates  in  the  theory  and  practice  of  teaching. 


136 


OHIO   SCHOOL    LAWS. 


Ch.  14. 


Cincinnati  and  Toledo  Universities. 


CHAPTER  14. 


CINCINNATI   AND   TOLEDO   UNIVERSITIES. 


Section  Section 

4095.J5  Ck)mmon   council  of   Cincinnati  i    4101.     \ 

may  accept  educational  irusts.  |    4102. 
4096     How  trust  funds  lo  be  applied.  4103. 

4097 ,  ;Tru>teeshlp  to  ves-t  in  city,  etc.  4101. 

409£     Board  of  directors,  how  appoint-  ;    4105. 

ed  etc.  ' 

4099 ;  ^Powers  of  board .  \ 

410C,    Citizens  not  to  be  charged  for  ad-  j 

mission  of  children.  I 


\r counts  and  expenditures. 
When  board  may  confer  degrees. 
Site  and  grounds. 
When  and  how  tax  maj  be  levied. 
Provisions  of  chapter  applicable  to 
city  of  Toledo. 


Common  coun- 
cil of  Cincin- 
nati may  ac- 
cept educa- , 
tlonal;  irusts. 


How'trust 
funds  are  to 
be  applied. 


Sec  4095.  The  common  council  of  the  city  of  Cincin- 
nati, in  the  name  and  behalf  of  the  city,  may  accept  and  take 
any  property  or  funds  heretofore  or  hereafter  given  to  the 
city  for  the  purpose  of  founding,  maintaining,  or  aiding  a 
university,  college,  or  other  institution  for  the  promotion  of 
free  education,  and  upon  such  terms,  conditions,  and  trusts, 
not  inconsistent  with  law,  as  the  common  council  may  deem 
expedient  and  proper  for  that  end.     [67  v.  86,  §  1.] 

Sec  4096.  For  the  further  endowment,  maintenance, 
and  aid  of  any  university,  college,  or  institution  for  the  pro- 
motion of  free  education  heretofore  or  hereafter  so  founded  in 
said  city,  the  common  council  thereof  may,  in  the  name  and  in 
behalf  of  the  city,  accept  and  take,  as  trustee,  and  in  trust  for 
the  purpose  aforesaid,  any  estate,  property,  or  funds  which 
have  been  or  may  be  lawfully  transferred  to  the  city  for  such 
use,  by  any  person  or  body  corporate  having  the  same,  or  any 
annuity  or  endowment  in  the  nature  of  income  which  may 
be  covenanted  or  pledged  to  the  city  toward  such  use  by  any 
person  or  body  corporate ;  and  any  person  or  body  corporate 
having  and  holding  any  estate,  property,  or  funds,  in  trust  or 
applicable  for  the  promotion  of  education,  or  the  advance- 
ment of  any  of  the  arts  or  sciences,  may  convey,  assign,  trans- 
fer, and  deliver  over  the  same  to  said  city,  as  trustee  in  his 
or  its  place,  or  covenant  or  pledge  its  income,  or  any  part 
thereof,  to  the  same;  and  such  estate,  property,  funds,  or  in- 
come shall  be  held  and  applied  by  such  city  in  trust  for  the 
further  endowment  or  maintenance  of  such  university,  college, 
or  institution  in  accordance,  nevertheless,  with  the  terms 
and  true  intent  of  any  trust  or  condition  upon  which  the 
same  was  originally  given  or  held.     [67  v.  86,  §  2.] 


SCHOOL    officers'    GUIDE.  137 

Cincinnati  and  Toledo  Universities.  Ch.  14. 

8ec.  4097.  Upon  such  transfer,  and  the  acceptance  there-  ^'oy^fn^P 
•of,  the  city  and  its  successors,  as  trustee,  shall  become  and  he  ^^^^'  ^^• 
perpetually  obligated  and  held  to  observe  and  execute  such 
trust,  in  all  respects,  according  to  any  further  terms  and  con- 
ditions lawfully  agreed  upon  at  such  transfer  and  acceptance ; 
and  any  court  having  jurisdiction  of  the  appointment  of 
trustees  of  such  trusts  for  educational  purposes  may,  in  any 
proceeding  for  that  purpose  duly  instituted  and  had,  appoint 
and  constitute  said  city,  with  the  consent  of  the  common 
council  thereof,  trustee,  of  the  estate,  property  and  funds  so 
transferred  to  it,  and  may  dispense  with  the  bond  or  surety 
on  the  part  of  the  city  for  the  performance  of  such  trust,  un- 
less the  same  is  required  by  the  original  terms  or  conditions 
thereof,  and  shall,  upon  the  due  transfer  and  acceptance  of 
such  trust  by  the  city,  release  and  fully  discharge  the  trus- 
tee or  trustees  so  transferring  the  same.     [67  v.  86,  §  2.] 

Sec.  4098.    The  custody  and  management  of  any  and  all  Boards  of  di- 

•^  ''  ;  rectors  of  Cm- 

estates,  property,  or  funds  so  given,  or  transferred  in  trust  to  5^1°^^^°^ 
said  city,  and  the  entire  administration  of  any  and  all  such  Ipifo^^^^ 
trusts  so  accepted  by  the  common  council  thereof,  and  any 
university,  college,  or  institution  for  the  promotion  of  educa- 
tion heretofore  or  hereafter  so  founded  in  or  by  said  city, 
except  the  common  and  high  schools  thereof,  shall  be  com- 
mitted to  a  board  of  nineteen  directors,  of  whom  the  mayor  of 
the  city  shall  be  one,  and  the  others  shall  be  appointed  by 
the  common  council  from  persons  of  approved  learning,  dis- 
cretion and  fitness  for  the  office,  citizens  of  the  city,  six 
of  whom  shall  be  appointed  from  persons  nominated  to  the 
common  council  by  the  board  of  education  of  the  city,  and 
twelve  from  persons  nominated  to  the  common  council  by  the 
superior  court  of  said  city,  if  there  be  such  court;  the  terms 
of  ofiice  of  each  director  shall  be  six  years,  but  of  those  first 
appointed,  three  shall  be  appointed  for  one  year,  three  for 
two  years,  three  for  three  years,  three  for  four  years,  three  for 
five  years,  and  three  for  six  years,  from  the  first  day  of  Janu- 
ary next  following  their  appointment ;  such  directors  shall 
serve  until  the  election  or  qualification  of  their  successors, 
and  any  vacancy  in  the  board  caused  by  expiration  of  term, 
resignation,  removal,  or  other  cause,  shall  be  filled  by  ap- 
pointment as  herein  provided,  for  the  unexpired  term. 
[67v.  86,  §3;  78  v.  178.] 


138  OHIO    SCHOOL    LAWS. 


Ch.  14.  Cincinnati  and  Toledo  Universities. 


Powers  of  Sec.  4099.     As  to  all  matters  not  herein  or  otherwise  nro- 

1x)flrcL 

vided  by  law,  the  directors  shall  have  all  the  authority,  pow- 
ers, and  control  vested  in  or  belonging  to  said  city,  as  to  the 
management  and  control  of  the  estate,  property,  and  funds 
given,  transferred,  covenanted,  or  pledged  to  the  city  for  the 
trusts  and  purposes  aforesaid,  and  the  government,  conduct, 
and  control  of  the  university,  college,  or  institution  so 
founded;  they  may  appoint  a  clerk,  and  all  agents  proper 
and  necessary  for  the  care  and  administration  of  the  trust 
property,  and  the  collection  of  the  income,  rents,  and  profits 
thereof,  may  appoint  the  president,  professors,  tutors,  instruc- 
tors, agents,  and  servants  necessary  and  proper  for  such  uni- 
versity, college,  or  institution,  and  determine  their  coa.pen- 

,  sation,  may  provide  all  the  necessary  buildings,  books,  appa- 

ratus, and  means  and  appliances,  and  pass  all  such  by-laws, 
rules,  and  regulations  concerning  the  president,  professors, 
tutors,  instructors,  agents,  and  servants,  and  the  admission, 
government,  and  tuition  of  students,  as  they  deem  wise  and 
proper;  but  they  may,  by  suitable  by-laws  delegate  and 
commit  the  admission,  government,  management,  and  control 
of  the  students,  course  of  studies,  discipline,  and  other  inter- 
nal afiairs  of  such  university,  college,  or  institution,  to  the 
faculty  which  the  directors  may  appoint  from  among  the  pro- 
fessors.    [67  V.  86,  §  3.] 

Citizens  not  to  Sec.  4100.    The  citizeus  of  said  city,  whose  children, 

be  charged  for  ,  .  i      •         i   j  ,     •  •  ,     ,, 

admission  of      wards  or  apprentices  are  admitted  to  such  institution,  shall 

children. 

not  be  charged  for  such  admission,  and  no  charge  shall  be 
made  for  the  instruction  of  such  pupils.     [67  v.  86  §  3.] 
Accountsand  Sec.  4101.     The  accouuts  of  such  trust  estate,  property, 

6X  I^Q  di  t  u  r£s 

and  funds,  and  of  the  income  and  expenditure  thereof,  shall 
be  kept  by  the  city  auditor  entirely  distinct  from  all  other 
accounts  or  afifairs  of  the  city,  and  the  moneys  shall  be  kept 
by  the  city  treasurer  distinct  from  other  moneys ;  and  the  di- 
rectors shall  at  all  times  confine  the  expenditures  within  the 
income  of  the  trust  estate,  property,  and  funds,  and  shall  an- 
nually report  to  the  common  council  a  fall  statement  of  the 
accounts  and  administration  of  such  trusts.  [67  v.  86,  §  3.] 
When  board  Sec.  4102.     The  directors  of  such  university,  college,  or 

greee.  institution  may,   upon   the  recommendation   of  the  faculty 

thereof,    confer     such     degrees     and     honors    as    are    cus- 


SCHOOL    OFFICERS     GUIDE.  139 

Cincinnati  and  Toledo  Universities.  Ch.  14. 

tomary  in  universities  or  colleges  in  the  United  States,  and 
such  others  as,  with  reference  to  the  course  of  studies  and  at- 
tainments of  the  graduates  in  special  departments,  they  may 
deem  proper.     [67  v.  86,  §  4.] 

Sec.  4103.  The  common  council  of  said  city  may  set  site  and 
apart  and  appropriate,  as  a  site  for  the  buildings  and  grounds 
of  the  university,  college,  or  institution  so  founded,  any  pub- 
lic grounds  of  the  city  not  specially  appropriated  or  dedicated 
by  ordinance  to  any  other  use  or  purpose,  any  law  to  the  con- 
trary notwithstanding.     [67  v.  86,  §  5.] 

Sec.  4104.  The  board  of  education  of  the  city  may,  upon  when  and  how 
the  application  of  said  board  of  directors,  assess  and  levy  a  levie'd*^  ^^  "** 
tax  on  the  taxable  property  of  the  city,  not  exceeding  one- 
tenth  of  one  mill  on  the  dollar  valuation  thereof,  to  be 
applied  by  the  board  of  directors  to  the  support  of  such  uni- 
versity, college,  or  institution ;  and  the  board  of  education 
shall  also  assess  and  levy,  annually,  not  less  than  three-hun- 
dredths  nor  more  than  fivehundredths  of  one  mill  on  the 
dollar  of  such  valuation  for  the  establishment  and  mainte- 
nance of  an  astronomical  observatory,  in  connection  with 
Buch  university,  college,  or  institution,  the  proceeds  of  which 
shall  be  paid  to  the  board  of  directors,  and  applierJ  by  them 
for  Eaid  purpose  exclusively.     [67  v.  86,  §  5 ;  75  v,  133,  §  1.] 

Sec.  4105.     The  provisions  of  this  chapter  shall  be  appli-  provisiohs  of 
cable  to  the  city  of  Toledo,  except  that  the  board  of  directors  appUcabie^to/ 
shall  consist  of  thirteen  members,  and  the  rate  of  taxation  to 
be  assessed  and  levied  shall  not  exceed  one-half  of  one  mill 
on  the  dollar  of  the  taxable  property  of  said  city.     [70  v.  117 


city.of.Toleda 


140 


OHIO    SCHOOL    LAWS. 


Ch.;i3. 


State  Commissioner  of  Common  Schools. 


PART  I,  POLITICAL-TITLE  III,  EXECUTIVE. 


CHAPTER  13. 


STATE   COMMISSIONER  OF  COMMON  SCHOOLS. 


Section 

354.  Election,  term,  and  how  vacancy 
filled. 

355."  BoHd. 

356.^  His  office  and  his  attendance  there- 
at. 

357.  His  duty  to   visit  teachers'  insti- 

tntes,  etc. 

358.  His  supervi-ion  over  school  funds 

and  (-chonl  officers. 

359.  Shall  prepare  and  transmit  forms 

and  instructions. 

360.  Shall    cause    school    laws,    with 

forms,  etc.,  to  be  printed  and 
distributed. 


Section 

361.    Annual  report  to  the  general  assem- 
bly or  governor. 

What  the  report  shall  contain. 

Shall  require  reports  from  piivftte  • 
schools,  etc. 

His  duty  on  complaint  of  fraudu- 
lent use  of  money ;  appoint- 
ment of  examiner. 

Powers,  duties,  and  compensation 
of  examiners. 

Duty  of  judge  and  prosecuting  at- 
torney. 


362. 
363. 


364. 


365. 
366. 


State  Commis- 
fiioner  of  Com- 
mon Schools, 
election  and 
term'of. 


His'official 
bond. . 


And  oath. 


Office,'  etc.,  at 
the  seat  of 
^overoment. 


Section  354.  There  shall  be  elected,  triennially,  at  the 
general  election  for  state  officers,  a  state  commissioner  of  com- 
mon schools,  who  shall  hold  his  office  for  the  term  of  three 
years  from  the  second  Monday  of  July  succeeding  his  election  ; 
and  in  case  of  a  vacancy  occurring  by  death,  resignation,  or 
otherwise,  the  governor  shall  fill  the  same  by  appointment. 
[70  V.  195,  §  102 ;  81  v.  89.] 

Sec.  355.  Before  entering  upon  the  discharge  of  his  offi- 
cial duties,  the  commissioner  shall  give  bond  in  the  sum  of 
five  thousand  dollars  to  the  state,  with  two  or  more  sureties,  to 
the  acceptance  of  the  secretary  of  state,  conditioned  that  he 
will  truly  account  for  and  apply  all  moneys  or  other  property 
which  may  come  into  his  hands  in  his  official  capacity,  and 
that  he  will  faithfully  perform  the  duties  enjoined  upon  him 
according  to  law;  which  bond,  with  his  oath  of  office  indorsed 
thereon,  shall  be  filed  with  the  treasurer  of  state.  [70  v.  195, 
§  103.] 

Sec.  356.  The  books  and  papers  of  his  department  shall 
be  kept  at  the  seat  of  government,  where  a  suitable  office 
shall  be  furnished  by  the  state,  at  which  he  shall  give  attend- 
ance not  less  than  ten  months  in  each  year,  except  when  ab- 
sent on  public  business.     [70  v.  195,  §  104.J 


SCHOOL    OFFICERS     GUIDE.  I4I 

State  Commissioner  of  Common  Schools.  Ch.  13. 

Sec.  357.     The  commissioner  shall  visit,  annually,  each   Hisdutiesin 
judicial  district  of  the  state,  superintending  and  encouraging  several  judi- 

,         ...  /..  'A■,^  iri         1  •  cial  districts. 

teachers  institutes,  conferring  with  boards  or  education  or 
other  school  officers,  counseling  teachers,  visiting  schools  and 
delivering  lectures  on  topics  calculated  to  subserve  the  inter- 
ests of  popular  education.     [70  v.  195,  §  105.] 

Sec.  358.    He  shall  also  exercise  such  supervision  over  Higsuo'>rvi- 
the  educational  funds  of  the  state  as  is  necessary  to  secure  sctiouTumds. 
their  safety  and  right  application  and  distribution  according 
to  law.     He  has  power  to  require  of  county  auditors,  boards  May  reqnire 
of  education,  clerks  and  treasurers  of  boards  of  education,  or  ctn°mom™ers, 
other  local  school  officers,  and  county  treasurers,  copies  of  all 
reports  by   them  required  to  be  made,   and  all   such  other 
information  in  relation  to  the  funds  and  condition  of  schools 
and   the  management  thereof  as  he  deems  important.     [70 
V.  195,  §  106.] 

Sec.  359.  He  shall  prescribe  suitable  forms  and  regula-  shaii  prepare  : 
tions  for  making  all  reports  and  conducting  all  necessary  ^°'^^^'^^^- 
proceedings  under  the  school  laws,  and  cause  the  same,  with 
such  instructions  as  he  deems  necessary  and  proper  for  the 
organization  and  government  of  schools,  to  be  transmitted  to 
the  local  school  officers,  who  shall  be  governed  in  accordance 
therewith.     [70  v.  196,  §  107] 

Sec.  360.  He  shall  cause  as  many  copies  of  the  laws  as  Duties  a8;to  •* 
are  necessary,  relating  to  schools  and  teachers'  institutes,  scho"i"iaws,,^ 
with  an  appendix  of  appropriate  forms  and  instructions  for 
carrying  into  execution  all  such  laws,  to  be  printed  in  a  sepa- 
rate volume,  and  distributed  to  each  county  with  the  laws, 
journals,  and  other  documents,  for  the  use  of  the  school  offi- 
cers therein,  as  often  as  any  change  in  the  laws  is  made 
of  sufficient  importance,  in  the  opinion  of  the  commissioner, 
to  require  a  publication  and  distribution  thereof.  [70  v.  195, 
§  108.] 

Sec.  361.  He  shall  make  an  annual  report,  on  or  before  Annuar report 
the  fifteenth  day  of  November,  to  the  general  assembly,  when  erSf^hooiT' 
that  body  is  in  session,  and  when  not  in  session  the  report 
shall  be  made  to  the  governor,  who  shall  cause  the  same  to 
be  published,  and  shall  also  communicate  a  copy  thereof  to 
the  general  assembly  at  the  beginning  of  the  next  session. 
[70  V.  195,  §  109 ;  85  v.  192.] 


142 


OHIO    SCHOOL    LAWS. 


Ch.  13. 


State  Commissioner  of  (Jommon  Schools. 


What  it  shall 
present. 


Shall  require 
reports  from 
priyate  school" 
etc. 


Duties  of  com- 
missioner on 
complfiint  of 
fraudulent  use 
of  money,  etc. 


Appointment 
of  accountant 
to  investigate 
charges. 


Sec.  362.  In  his  annual  report  he  shall  present  a  state- 
ment of  the  condition  and  amount  of  all  funds  and  property 
appropriated  to  purposes  of  education ;  a  statement  of  the 
number  of  common  schools  in  the  state,  the  number  of  schol- 
ars attending  such  schools,  their  sex,  and  the  branches  taught; 
a  statement  of  the  number  of  private  and  select  schools  in  the 
state,  so  far  as  the  same  can  be  ascertained,  and  the  number 
of  scholars  attending  such  schools,  their  sex,  and  the  branches 
taught ;  a  statement  of  the  number  of  teachers'  institute?, 
the  number  of  teachers  attending  them,  and  the  number  of 
instructors  and  lecturers,  and  the  amount  paid  to  each  ;  a 
statement  of  the  estimates  and  accounts  of  the  expenditures 
of  the  public  school  funds  of  every  description,  a  statement  of 
plans  for  the  management  and  improvement  of  common 
schools,  and  such  other  information  relative  to  the  educational 
interests  of  the  state  as  he  deems  of  importance.  [70  v.  195, 
§  110.] 

Sec.  363.  He  shall,  annually,  require  of  the  president, 
manager,  or  principal  of  every  seminary,  academy,  and  private 
school,  a  report  of  such  facts,  arranged  in  such  form  as  he  pre- 
scribes, and  shall  furnish  blanks  for  such  reports;  and  it  is 
made  the  duty  of  every  such  president,  manager,  or  princi- 
pal, to  fill  up  and  return  such  blanks  within  the  time  the 
commissioner  directs.     [73  v.  225,  §  1.] 

Sec.  364.  When  a  complaint  is  made  to  the  state  school 
commissioner,  in  writing,  verified  by  the  afiidavits  of  at  least 
three  freeholders  and  tax-payers,  resident  of  an}'  school  dis- 
trict in  the  state,  alleging  that  they  have  good  reason  to  and 
do  believe  that  any  portion  of  ths  school  fund  of  such  district 
has  been  expended  contrary  to  law,  or  has  been  fraudulently, 
unlawfully,  or  corruptly  used,  or  misapplied,  by  any  of  the 
officers  of  such  district,  or  that  there  have  been  fraudulent 
entries  in  the  books,  accounts,  vouchers,  or  settlement  sheets 
thereof,  by  any  such  officers,  or  that  any  of  such  officers 
have  not  made  settlements  of  their  accounts  as  re- 
quired by  law,  he  is  authorized  and  required  to  appoint 
some  trustworthy  and  competent  accountant,  for  the  purpose 
of  investigating  such  complaint,  who  shall  forthwith  visit 
such  school  district  and  take  possession  of  all  the  books, 
papers,  vouchers  and  accounts  of  such  district,  and  investigate 


SCHOOL    OFFICERS     GUIDE.  143 

State  Commissioner  of  Common  Schools.  Ch.  13. 

the  truth  of  the  allegations  of  such  complaint,  and  the  condi- 
tion of  the  school  fund  of  such  district ;  and  the  several  offi- 
cers of  such  school  district,  on  the  application  of  such  exam- 
iner, shall  immediately  place  in  his  possession  all  their  books, 
accounts,  contracts,  vouchers,  and  other  papers  having  refer- 
ence to  the  receipt  and  disbursement  of  the  school  funds ;  and 
the  county  auditor  and  county  treasurer  shall  give  such 
exarfiiner  free  access  to  all  the  records,  books,  papers,  vouch- 
ers, and  accounts  of  their  respective  officers  having  reference 
to  the  object  of  such  investigation.     [72  v.  82,  §  1.] 

Sec.  365.     Such  examiner  shall  have  authority  to  call  powers  and 
before  him  forthwith,  upon  written  notice,  and  examine  wit-  aminer! 
nesses,  under  oath,  to  be  administered  by  him ;  and  he  shall 
immediately  after  completing  such  investigation,  report  in 
writing,  in  duplicate,  setting  forth  the  condition  of  the  books, 
vouchers,  and  accounts  of  such  district,  the  amount  of  school 
funds  received  for  any  and  all  purposes,  and  from  whatever 
flource,  the  amount  expended,  and  for  what,  and  the  amount 
actually  in  the  treasury,  one  copy  of  which  report  he  shall 
file  in  the  office  of  the  clerk  of  the  couit  of  common  pleas  of 
the  county  ia  which  such  district  is  situate,  and  the  other 
copy  he  shall  transmit  to  the  state  commissioner  of  common 
schools   at  Columbus;  and  tbe   examiner  so  appointed  and 
performing  the  duties  herein  required,  shall  receive  as  com-  jj^g  compensa- 
pensation  a  per  diem  of  three  dollars  for  each  day  necessarily  *^^*^°" 
engaged  in  the  performance  of  his  duties,  and  shall  also  re- 
ceive five  cents  for  each  mile  by  him  necessarily  traveled  in 
that  behalf;  but  no  mileage  shall  be  allowed  for  a  greater 
distance  than  from  Columbus  to  such  district ;  and  such  com- 
pensation and  mileage  shall  be  paid  out  of  the  county  treas-  p^^  ^^^^ 
ury;apon  the  warrant  of  the  county  auditor,  and  if  the  inves-  ^'^®'^®o^- 
tigation  establish  the   truth  of  any   material  allegation   in 
such  complaint,  then  such  amount  so  paid  shall  be  assessed 
by  the  county  auditor  upon  the  taxable  property  of  the  dis- 
trict, to  be  collected  as  other  taxes  are  for  the  use  of  such 
county  treasurer.    [72  v.  82,  §  2,] 

Sec.  366.    The  judge  of  the  court  of  common  pleas  of  the 

*^  Adverse  report 

proper  county  shall  examine  the  report  so  filed  in  the  clerk's  of  examiner  to 

•*•  ^  be  given  in 

office,  as  provided  in  the  preceding  section  of  this  chapter,  ^rand'uV*^^ 
and  if  it  appears  therefrom  that  any  part  of  the  common  or 


144  OHIO    SCHOOL    LAWS. 


Ch.  13.  State  Commissioner  of  Common  Schools. 

school  fund  has  been  fraudulently,  unlawfully,  or  corruptly 
used  or  misapplied,  or  that  there  has  been  fraud  in  any  of  the 
entries,  accounts,  vouchers,  contracts,  or  settlements,  or  that 
the  settlements  have  not  been  made  as  required  by  law^ 
or  that  there  appears  any  defalcation  or  embezzlement  on  the 
part  of  any  of  the  ofl&cers  of  such  school  district,  he  shall  give 
the  report  specially  in  charge  to  the  grand  jury  at  the  term  of 
the  court  of  common  pleas  next  after  the  filing  of  the  same  : 

Duty  of  prose-  ^ 

cutingattor-  and  the  prosecuting  attorney  of  such  county  shall  forthwith 
institute  and  carry  forward  such  proceedings,  civil  or  crimi- 
nal, or  both,  against  the  delinquent  officer  or  oflBcers  of  such 
district  as  is  authorized  by  law.     [72  v.  82,  §  3.] 


SCHOOL    OFFICERS     GUIDE.  I45 


Miscellaneous. 


MISCELLANEOUS. 

AN    ACT 

To  confer  additional  powers  upon  county  commissioners  relating  to  bequests,  dona- 
tions and  gifts  for  the  promotion  of  education. 

Section  1.     [Enacted  March  2 1_^  1887.]    Be  it  enacted  hy  the  Power  of  coun- 
General  Assembly  of  the  State  of  Ohio,   That  the  commissioners  of  ers  to  receive 

.     ,»  bequests,  etc., 

the  several  counties  of  the  state  may  receive  bequests,  dona-  'or  education- 
al purposes. 
tions  and  gifts  of  real  and  personal  property  and  money  to  pro- 
mote and  advance  the  cause  of  education  in  their  respective 
counties;  and  any  and  all  property  and  money  so  at  any  time 
received  by  the  commissioners  of  any  county,  or  which  may 
have  been  heretofore  bequeathed  to  the  commissioners  of  any 
county,  and  which  has  been  bestowed  upon  them  and  remains 
yet  undisposed  of  by  such  commissioners,  may,  by  the  said 
commissioners,  at  their  discretion,  be  paid  over  to  any  incor- 

,.,.,,.  /.  1  •         •      J^     •  •  .  Application  o 

porated  institution  of  learning  m  their  respective  counties,  or  such  trust 
a  part  may  be  used  to  defray  the  expenses  of  the  teachers'  in- 
stitute, each  year,  as  the  said  commissioners  may,  in  their 
discretion,  and  with  reference  to  the  terms  of  the  trust,  deem 
best,  and  upon  such  terms  and  conditions  as  they  may  pre- 
scribe, having  reference  to  the  safety  of  the  fund  and  its 
proper  application.     [8  i  v.  211.] 

AN    ACT 

To  authorize  boards  of  education  in  cities  of  the  second  grade  of  the  first  class  to  levy 
a  tax  for  certain  purposes  therein  specified. 

Section  1.     [Enacted  March  16,  1887.]     Be  it  enacted  by 
the  General  Assembly  of  the  State  of  Ohio,  That  boards  of  education  pi-ovfding  fo 
in  cities  of  the  second  grade  of  the  first  class  may  annually  training  of 
levy  on  each  dollar  valuation  of  taxable  property,  ^  of  one   dren°in  pVb 
mill  additional  to  that  now  allowed ;  the  proceeds  of  said  levy  schoo?s!^ 
to  be  applied  toward  providing  manual  and  domestic  training 
for  the  children  of  the  schools  of  said  city,  and  said  board  may 
expend  such  part  of  said  proceeds  as  it  may  deem  expedient 
in  providing  tuition  for  such  children  in  any  manual  train- 
ing school  that  has  been  or  may  be  founded  in  said  city;  pro- 
vided, that  at  each  annual  election  the  corporation  controlling 
10 


146  OHIO    SCHOOL    LAWS. 


Miscellaneous. 


sdid  school  shall  choose  as  directors,  at  least  six  persons,  who 
shall  be  named  by  such  board  of  education,  and  shall  also 
choose  as  a  director  the  superintendent  of  the  public  schools. 
[84  V.  92.] 

AN    ACT 
To  authorize  school  boards  to  convey  lands  in  certain  cases. 

■Columbus:  SECTION  1.     [Enacted  March  18,  1887.J     Be  it  enacted  by 

school  board  to  the  General  Assembly  of  the  State  of  Ohio,   That  school  boards  in 
und  for  I'arfe  citits  of  the  first  grade  of  the  second  class,  owning  land,  which 

■purposes.  ....  ,  ■, . 

IS  no  longer  used  for  school  purposes,  adjoining  any  public 
park,  may  convey  the  same  to  the  city  or  county  owning  such 
park,  and  in  which  such  land  is  situated,  to  be  held  and  used 
as  a  part  of  said  park.    [84  v.  108.] 

A.N    ACT 

To  provide  for  competent  and  non-partisan  public  library  boards  in  cities  of  the  sec- 
ond class,  second  grade. 

DaytonTpuMic  ^  SECTION  1.  [Enacted  March  21,  1887.]  Be  it  enacted  by 
^tectwn'of?'^  '  the  General  Assembly  of  the  State  of  Ohio,  That  in  any  city  of  the 
second  class,  second  grade,  the  city  board  of  education  may 
elect  by  ballot  a  special  board  ot  six  competent  persons,  resi- 
dents of  said  city  or  school  district,  to  be  called  the  library 
board,  who  shall  have  the  control  and  management  of  the 
public  library  of  said  city. 
Board  equally  SECTION  2.    That  the  six  members  of  said  library  board 

^j-ued.poiiti-  ^^^^^  ^^  selected  equally  from  the  two  political  parties  having 
the  largest  representation  in  the  city  board  of  education,  and 
shall  be  elected  as  follows  :  Two  for  a  term  of  one  year,  two  for 
two  years,  and  two  for  three  years;  at  the  end  of  the  first 

Terms  of  mem-  •'  iiiniij«ir 

bers.  year,  two  shall  be  annually  elected,  who  shall  hold  otnce  for  a 

term  of  three  years. 
Powers  of  SECTION  3.    That  the  said  library  board  shall  have  power 

*°*'^"  to  purchase  books,  magazines,  and  other  proper  supplies  for 

said  library,  and  employ  a  librarian  and  assistant,  who  shall 
be  elected  annually ;  and  the  vouchers  for  such  expenditure 
and  salary  account  shall  be  certified  to  by  said  board  of  edu- 
cation for  payment. 

Section  4.  That  said  library  b^ard  shall  be  required  to 
report  fully  their  proceedings  and  expenditures  at  least  once 
a  year,  to  the  board  of  education  of  said  city,  and  annually 


Annual  report. 


SCHOOL    OFFICERS     GUIDE.  1 47 

Miscellaneous. 

report  to  said  board  of  education  an  estimate  of  the  expenses 
of  said  library  for  the  succeeding  year,  and  in  no  case  shall 
such  expanse  be  allowed  to  exceed  the  appropriation  therefor 
by  said  board  of  education. 

Section  5.    That  the  president  of  said  city  board  of  Ex-offlcio 
education  shall  be  ex-officio  a  member  of  such  library  board,  ™re™dent*of 
and  have  the  right  to  preside  at  the  meetings. 

Section  6.  That  whenever  a  library  board  shall  be  Annual  tax. 
elected  pursuant  to  the  provisions  of  this  act,  the  board  of 
education  of  such  city  shall  have  the  power  to  levy  annually 
for  library  purposes  a  tax  not  exceeding  two  and  one  half 
tenths  of  a  mill  per  dollar  of  city  valuation,  to  be  certified 
according  to  law  as  other  levies,    [84  v.  171.] 

Section  1.  Be  it  enacted  by  the  General  Assembly  of  the  State 
of  Ohio,  That  in  village  districts,  in  the  county  of  Hamilton, 
the  board  of  education  shall  consist  of  five  members,  except 
in  districts  organized  under  a  law  providing  for  only  three 
members,  who  shall  have  the  qualification  of  an  elector  there- 
in, and  in  such  districts  the  membership  may  be  increased  to 
five,  and  only  one  member  shall  be  chosen  at  the  next  annual 

"'  Boardf!  of 

election  for  school  ofiicers,  to  serve  for  three  years  :  and  annu-  e<iu<  ation 

'  •/  '  for  village  ana 

ally  thereafter,  two,  except  every  third  year,  when  only  one  d'lstricts^Ham- 
judicious  and  competent  person  shall  be  elected,  and  if  the  ^^^^  countr. 
board  consists  of  three  members,  one  such  person  shall  be 
elected  each  year;  provided,  that  in  each  special  district  in 
said  county  where  the  board  of  education  now  consists  of  six 
members,  there  shall  be  chosen  at  the  next  annual  election 
for  school  officers,  by  ballot,  on  the  second  Monday  of  April, 
one  member  to  serve  for  three  years,  and  annually  thereafter, 
two  members  to  serve  for  three  years,  except  every  third 
year,  when  only  one  person  shall  be  elected  to  serve  for  three 
years ;  five  days'  notice  shall  be  given  of  such  election.  The 
members  of  such  boards  now  in  office,  and  those  hereafter 
elected,  shall  serve  until  their  successors  are  elected  and  qual- 
ified ;  provided  further,  that  the  first  election  under  this  act 
in  village  districts  shall  not  take  place  until  the  first  Mon- 
day of  April,  1884.     [80  v.  310."] 

[So  much  of  the  act  of  March  25,  1864,  as  provided  for  a 
board  of  education  for  the  city  of  Columbus,  of  one  member 
irom  each  ward,  and  is  still  in  force,  is  here  given  :] 


148  OHIO    SCHOOL    LAWS. 


Miscellaneous. 


Section  1.  The  qualified  voters  in  the  several  wards  in 
the  city  of  Columbus  shall,  on  the  second  Monday  of  April, 
1864,  meet  in  their  respective  wards,  at  the  places  designated 
for  holding  elections  therein,  and  elect  one  member  of  the 
board  of  education  of  said  city  of  Columbus,  for  each  of  said 
wards,  who  shall  serve,  the  members  of  the  first,  third, 
fifth,  and  every  ward  of  said  city  represented  by  odd  numbers, 
one  year  ;  and  the  members  representing  the  second,  fourth, 
sixth,  and  every  ward  represented  by  even  numbers,  two 
years ;  and  annually  thereafter,  at  the  time  and  place  speci- 
fied, there  shall  be  elected  in  like  manner,  one  member  of  the 
board  of  education  for  each  ward  in  said  city,  in  which  the 
term  of  the  member  is  about  to  expire,  who  shall  serve  for  two 
years,  and  until  his  successor  is  elected  and  qualified.  Said 
election  shall  be  held  and  conducted  as  is  provided  for  county 
and  state  elections.    [61  v.  154.] 


FORMS  AND  [NSTRUOTIONS. 


[Note. — The  following  blanks  are,  in  a  great  measure,  the  same  as 
given  in  previous  editions  of  the  school  law,  with  such  revisions  and 
alterations  as  conformity  with  the  present  law  renders  necessary.J 

CHAPTER  I.— FORMS  FOR  SCHOOL  DIRECTORS. 

I.    NOTICE  OF  SUB-DISTRICT  SCHOOL  MEETING,  FOR  THE  ELECTION  OF 

DIRECTORS. 

Notice  is  hereby  given  to  the  qualified  voters  of  sub-district  No. ,  of 

township, county,  Ohio,  that  the  next  annual  school  meeting  for  the  election 

of  a  school  director  in  said  district  will  be  held  at  the  school-house  [or  usual 

place]  in  said  sub-district,  on  Monday,  the day  of  April,  18 — ,  beginning  at 

o'clock  p:m.  [a:m.],  and  closing  at o'clock  p:m.  [a:m.]. 


Clerk. 


Note.— [The  above  notice  to  be  posted  in  three  or  more  conspicuous  places,  at 
least  six  days  prior  to  the  election.    Sections  3916  and  3917. 

When  two  directors  are  to  be  elected,  one  for  three  years,  andjone  to  fill  the 
unexpired  term  of  a  director  who  has  vacated  his  office,  this  fact  should  be  stated  in 
the  notice,  and  also  on  the  ballots  and  tally-sheet.] 


II.    POLL-BOOK 

Of  the  election  held  in  sub-district  No. ,  in  the  township  of ,  in  the  county 

of ,  and  State  of  Ohio,  on  Monday,  the day  of  April,  in  the  year  A.  D.  18—. 

A.  B.,  Chairman,  and  C.  D.,  Clerk,  judges  of  said  election,  were  severally  sworn, 
as  the  law  directs,  previous  to  their  entering  on  the  duties  of  their  respective  offices. 


Number  and  names  of  electors. 

Number  and  names  of  electors. 

No.  1 

No.  5 
6 
7 
8 

2 

8 

4 

It  is  hereby  certified  that  the  number  of  electors  who  voted  at  this  election  is 

,  Chairman, 

,  Secretary, 

Judges. 

See  section  2960,  Revised  Statutes. 


ISO 


OHIO    SCHOOL    LAWS. 


Forms  and  Instructions. 


III.    TALLY-SHEET 

Of  the  election  held  in  sub-district  No. ,  in  the  township  of  - 

of ,  and  State  of  Ohio,  on  Monday,  the  day  of  April,  in  the  year  A.  D» 

18 — ,  to  elect  a  director  for  said  sub-district. 


-,  in  the  county 


Names  of  candi- 
dates. 

Tallies,  showing  number  of  votes  given  for  each 
candidate. 

Total. 





We  certify 
That- 
That- 
That- 
That- 
That- 


had 
had 
had 
had 
had 


And  that 


election  above  mentioned. 


votes, 

votes, 

votes, 

votes, 

votes, 

had votes  for  director  of  said  sub-district,  at  the 


-,  Chairman, 
-,  Secretary, 

Judges. 


NoTB. — The  poll-book  and  tally-sheet  must  be  signed  by  the  judges  of  the  election 
before  they  separate.  No  signing  after  such  separation  is  valid.  They  must  be  de- 
livered within  eight  days  to  the  clerk  of  the  township.    Chapter  IV,  section  3917. 

IV.    NOTICE  OF  SPECIAL  SCHOOL  MEETING  FOR  THE  ELECTION  OF 
SCHOOL  DIRECTOR. 

Whereas,  a  vacancy  has  occurred  in  the  oflSce  of  school  director  in  sub-district 

number  ,  township,  county,  Ohio,  in  consequence  of  the  [death, 

regignaiion,  removal  of ,  failure  of  quahft-'d  voters  to  meet  and  elect  a  local 

director  on  the  second  Monday  of  April,  18 — ,  as  prescribed  by  law,  failure  of 

to  qualify  as  prescribed  by  law  \; 

Therefore,  we,  the  undersigned  qualified  voters  of  the  sub-district  aforesaid,  do 
hereby  give  notice  that  a  special  meeting  of  the  qualified  voters  of  said  sub-district 
for  the  election  of  a  school  diiector,*  for  the  [ttrm  of  years,  unexpired  term  of 


•See  note  to  form  No.  I. 


SCHOOL    OFFICERS     GUIDE,  151 


Forms  and  Instructions. 


said ],  will  be  held  at  the  school-house  [or  usual  place]  of  said  sub-dis- 
trict on  the day  of  ,  18 — ,  from o'clock  p:m.  [arm.]  to o'clock 

p:m.  [a:m.] 


See  section  3919, 

V.    MINUTES  OF  SUB-DISTRICT  SCHOOL  MEETING. 

Sub-District  No. , 

Township, County,  Ohio, 

,  18—. 

At  a  meeting  of  the  qualified  voters  of  said  sub-distiict,  held  on  the  second  Mon- 
day of  April,  18 — ,  lor,  if  a  special  meeting,  give  other  datf] was  appointed 

chairman,  and secretary. 

Whereupon,  said  voters  proceeded  to  elect  by  ballot,  one  director  of  said  sub- 
district,  for  the  term  of  three  years  [and  one  director  for year,  to  fill  the  unex- 
pired term  of [ ;  and  upon  inspection  of  the  several  ballots  given  at  said 

election,  it  was  found  and  publicly  declared,  that was  duly  elected  [for 

the  full  term,  and for  the  unexpired  term.] 

,  Chairman, 

,  Secretary. 

Note.— [The  clauses  in  brackets  may  be  omitted  when  only  one  school  director 
is  elected.]    [See  note  to  form  No.  II.] 

VI.    CERTIFICATE  OF  ELECTION  OF  SCHOOL  DIRECTORS. 

To  the  Clerk  of Toivnship, County,  Ohio: 

This  is  to  certify  that  a  meeting  of  the  qualified  voters  of  sub-district  number 

township,  held  on  the  second  Monday  of  April,  18 — ,  [or,  if  special  meeting^ 


give  other  date] was  elected  school  director,  for  the  term  of  three  yeara. 

Witness  my  hand. 


Clerk  of  Sub- District  No. 

VIL    OATH  OF  SCHOOL  DIRECTOR. 

On  the day  of  ,  18 — ,  personally  appeared ,  and  I  thea 

and  there  administered  to  him  the  following  oath  [o»  afflrmation] : 

You, ,  do  solemnly  swear  [or  affirm]  that  you  will  support  the  consti- 
tution of  the  United  States,  and  the  constitution  of  the  State  of  Ohio,  and  that  you 
will  faithfully  and  impartially  discharge  the  duties  of  director,  in  and  for  said  sub- 
district,  number , township, county,  Ohio,  according  to  law  and  the- 

best  of  your  ability. 


Director  in  said  Sub- Districts 


152  OHIO    SHOOL    LAWS. 


Forms  and  Instructions. 


VIII.    APPOINTMENT  OF  SCHOOL  DIRECTOR. 


-,  18—. 


Whereas, ,  one  of  the  directors  in  sub-district  number , 

township,  county,  Ohio,  has  resigned,  [died,  or  refused  to  serve,  etc.,]  and  no 

election  having  been  held  to  fill  such  vacancy  as  prescribed  by  law : 

Therefore,  I  do  appoint director  in  said  sub-district,  who  shall  hold 

his  office  until  the  time  of  the  next  annual  meeting,  and  until  his  successor  is  elected 
and  qualified. 


Clerk  of  said  Township. 
IX.    MEETING  OF  SCHOOL  DIRECTORS. 


-,18- 


The  school  directors  of  sub-district  number , township, county, 

Ohio,  this  day  met  at ,  and  legally  qualified  by  taking  the  requisite  oath  of 

office. 

Whereupon was  appointed  clerk  of  said  sub-district. 

On  motion,  it  was  voted  to  employ aa  teacher,  at  S per  month, 

and  that  the  next  term  of  school  commence,  etc. 


Sub-district  Clerk, 


X.    CONTRACT  BETWEEN  DIRECTORS  AND  TEACHERS. 

It  is  hereby  agreed  between  the  school  directors  of  sub-district  No. ,  in  the 

township  of ,  in  the  county  of ,  State  of  Ohio,  and ,  a  legally 

qualified  teacher  in  said  county,  that  the  said is  to  teach  in  the  public 

school  of  said  sub-district  for  a  term  [here  insert  the  timel,  for  the  sum  of  dol- 
lars per  month  [per  day],  commencing  on  the  di^y  of  ,  18 — ,  and  for 

such  services,  properly  rendered,  the  said  directors  are  to  pay  the  said 

[monthly],  the  amount  that  may  be  due,  according  to  this  contract. 

Done  at  a  legally  convened  meeting,  and  dated  this day  of ,  18 — . 


Directors  of  eaid  sub-dislrict  Xo.  — , 
Teacher. 


See  section  4018. 


XL    CERTIFICATE  FOR  TEACHER'S  PAY. 

To  the  Clerk  of  Township,  County,  Ohio: 

This  is  to  certify,  that ,  under  a  contract  duly  made  and  entered  into, 

taught  a  common  school  in  sub-district  number  ,  of  said  township,  from  the 


SCHOOL   OFFICERS     GUIDE.  1 53 

Forms  and  Instructions. 

■  day  of ,  18 — ,  to  the day  of  ,  18 — ,  in  all weeks,  at 

per  month ;  and  that  there  is  due  him  for  said  service  the  sum  of • 


Directors, 


XII.    COMTRA.eT  FOR  FUEL,  REPAIRS,  ETC. 


This  memorandum  of  an  agreement,  made  this day  of ,  eighteen  hun- 
dred and ,  at  a  meeting  legally  conveced,  between ,  and 

the  directors  of  sub-district,  number ,  township, 


county,  Ohio,  witnesseth-:    That  said agrees  to  deliver  at  the  school- 
house  in  said  sub-district,  on  or  before  the day  of next, bushels  of 

coal  [or  cords  of  wood]  of  a  good  quality,  at cents  per  bushel  [or$ per  cord.] 

And  said  directors  are  thereupon  to  certify  in  favor  of  said ,  for  the 

sum  due  for  said  fuel. 


Directors. 


Contractor. 

Note.— [All  contracts  made  under  section  3987,  chap.  8,  of  the  school  laws  must 
b3  reported  to  the  township  board  at  their  next  meeting.]    See  also  sec.  3974. 

XIII.    CERTIFICATE  OF  AMOUNT  DUE  FOR  FUEL,  ETC. 

' , .18-. 

To  the  Board  oj  Education  of  Township,  County,  Ohio: 

This  certifies  that has  delivered  at  the  school-house  in  sub-district 

number ,  township,  bushels  of  coal,  under  a  contract  duly  made 

and  entered  into,  and  that  there  is  due  him  on  said  contract  the  sum  of  | . 

Witness  our  hands. 


Directors. 
XIV.    DISMISSAL  OF  TEACHER. 

Whereas,  it  has  been  represented  to  us,  and  on  due  investigation  we  have  found, 
according  to  our  best  judgment  and  belief,  that ,  who  has  been  em- 
ployed" and  is  now  engaged  in  teaching  a  school  in  sub-district  number , 

township, county,  Ohio,  is  negligent  {or  here  insert  any  other  sufficient  cause)  as 

such  teacher; 

Therefore, is  hereby  dismissed  as  teacher  of  said  school. 

Done  at  a  legally  convened  meeting  of  said  board  this day  of  ,  18—. 


Directors  of  said  sub-district. 


154  OHIO    SCHOOL    LAWS. 


Forms  and  Instructions. 


Or :  Whereas,  we  have  been  required  by  the  board  of  examiners  of county, 

to  dismiss ,  now  engaged  as  a  teacher  in  sub-district  number , 

township,  and  county  aforesaid,  the  said  board  of  examiners  having  revoked  his 
certificate  for  cause: 

Therefore,  said is  hereby  dismissed  as  teacher  as  aforesaid. 

Done  at  a  legally  convened  meeting  of  said  board  of  directors  this day  of 

,18-. 

Witness  our  hands. 


Directors. 
XV.    VISIT  TO  SCHOOL. 


This  day  the  undersigned,  local  directors  in  sub-district  number 


township,  ^  county,  Ohio,  in  company  with and ,  who 

were  invited  for  the  purpose,  visited  the  school  in  said  sub-district,  taught  by 

,  and  the  following  was  the  result  of  the  examination  and  visit: 

They  found,  etc.     (Here  set  forth  the  opinion  as  to  the  management  of  the  school,  etc.) 


Directors. 


CHAPTER   II.^FORMS    FOR   TOWNSHIP   BOARDS   OF  EDUCA- 
TION. 

XVI.    NOTICE  OF  MEETING  TO  VOTE  A  TAX  FOR  BUILDING  PURPOSES. 
Notice  is  hereby  given  by  the  board  of  education  of township,  


county,  Ohio,  that  there  will  be  a  special  meeting  of  the  qualified  voters  of  said  town- 
ship at ,  on  the day  of ,  at o'clock .,  to  consider  the  ques- 
tion whether  a  tax  ol hundred  dollars  shall  be  levied  upon  the  taxable  property 

of  said  township  to  purchase  a  school-house  site  and  to  build  and  furnish  a  echool- 

house  \or  ft/r  either  of  these  purposes,  as  the  case  may  6e,]  in  sub-district of  said 

township,  the  erection  of  the  school-house  being,  in  the  opinion  of  the  board,  neces- 
sary, and  the  rate  of  tax  which  the  law  authorizes  the  board  to  levy  being  insuffi- 
cient for  the  purpose ;  and  the  further  questions  whether  the  levy  shall  be  made 
from  year  to  year  thereafter,  and  what  amount  shall  be  levied  each  year  until  the 
actual  cost  of  such  site  and  building  is  raised. 

By  order  of  said  board  of  education, 

,  Clerk. 

, ,  18—. 

Note.— The  ballot  used  at  such  an  election  may  be  something  like  the  following: 

FOB  TAX  LEVY   POK  SCHOOL  8ITK  AND   BUILDING. 

For  levying  tax  to  purchase  site  and  erect  thereon  a  school  building,  at  a  cost 
not  to  exceed  $ .    No.    [Yes.] 


SCHOOL    OFFICERS     GUIDE.  I  55 

Forms  and  Instructions. 

Fjr  levying  this  tax  from  year  to  year  according  to  law,  the  levy  in  any  one 

year  not  to  exceed  $ ,  until  the  sum  of  9 and  accrued  interest  is  raised  and 

paid.    No.    [Yes.] 

The  above  form  may  by  slight  alterations  be  adapted  to  cases  in  v^hich  other 
than  township  districts  are  interested. 

XVII.    NOTICE  OF  SPECIAL  MEETING  OF  TOWNSHIP  BOARD. 

Notice  is  hereby  given  that  there  will  be  a  meeting  of  the  board  of  education  of 
township, county,  Ohio,  on  the day  of at o'clock 


at ,  to  consider  the  question ,  and  other  business  which  may  be  considered 

necessary  to  transact. 

,  Clerk. 

, ,  18—. 

Note.    The  purpose  for  which  a  meeting  is  called  should  be  stated  in  the  notice 
XVIII.    CERTIFICATES  OF  ANNUAL  ESTIMATES. 

To  the  Auditor  of County: 

It  is  hereby  certified  by  the  board  of  education  of township, county, 

that  the  entire  amount  of  money  necessary  to  be  assessed  on  the  taxable  property  of 
said  township,  and  expended  therein,  for  school  and  school-house  purposes,  during 

the  next  school  year,  as  directed  by  section  3958,  of  the  revised  statutes,  is dollars, 

as  follows : 

For  continuing  sub-district  schools $ 

For  incidental  or  contingent  expenses 

For  building  purposes 

For  payment  of  teachers  in  township  school 

Total  , ^ $ 

By  order  of  Township  Board, 

,  Clerk. 

. ,  188-. 

XIX.    CERTIFICATE  OF  ANNUAL  ESTIMATES  FOR  JOINT-SCHOOL. 

To  the  Auditor  of County: 

It  is  hereby  certified  by  the  board  of  education  of township, county, 

Ohio,  having  charge  of  the  school  in  joint  sub-district  number ,  composed  of 

parts  of and townships,  that  the  amount  of  money  necessary  to  be  as- 
sessed on  the  taxable  property  of  said  townships,  to  pay  the  expenses  of  said-joint 
school  during  the  next  school  year,  as  directed  by  section  3961  of  the  revised  statutes 
of  Ohio,  is dollars,  as  follows: 

TOWNSHIP. 

For  continuation  of  joint  school $ 

For  payment  of  all  other  expenses 

Total "$ 


156  OHIO    SCHOOL    LAWS. 


Forms  and  Instructions. 


TOWNSHIP. 


For  continuation  of  joint  school  .... 
For  payment  of  all  other  expenses. 

Total 


Th3  number  cf  youth  enumerated  in  September  last,  in  the  respective  parts  of 

the  townships  included  in  said  joint  sub-district,  was  as  follows:  township, 

;  township, ;  total, . 

By  order  of  the  Board  of Township. 

,'  Clerh. 

, ,  18-. 

Note.— [In  case  the  townships  having  territory  in  a  joint  sub-district  are  situated 
in  diflFerent  counties,  a  copy  of  the  above  certificate  of  estimates  should  be  sent  to 
the  auditor  of  each  county.] 

XX.    DIFFERENT  MODES  OF  ALTERING  SUB-DISTRICTS. 

Resolved  by  the  hoard  of  education  of township,  That  there  be  transferred  and 

united  with  sub-district  number  — ,  so  much  of  sub-district  number  — ,  as  is  bounded 
as  follows :     {describe  boundary.) 

Reiolved  by  the  hoard  of  education  of township,  That  sub-district  number  — 

is  hereby  abolished,  and  there  is  hereby  transferred  to  and  united  with  sub-district 
number  — ,  so  much  of  the  territory  of  said  abolished  sub-district  as  is  bounded  as 
follows:  {describe  boundary),  and  so  much  of  said  abolished  sub-district  as  is  not 
herein  united  with  sub-district  number  — ,  is  transferred  to  and  united  with  sub- 
district  number  — .    This  resolution  shall  take  effect  on  the day  of ,  18—. 

Resolved  by  the  board  of  education  of township.  That  so  much  of  sub-dibtrict 

number  — ,  as  is  bounded  as  follows:  {describe  boundary),  be  cut  off  from  said  sub-dis- 
trict, and  that  so  much  of  sub-district  number  —  as  is  bounded  as  follows  :  {describe 
boundary,)  be  cut  off  from  said  sub-district,  and  that  the  territory  thus  cut  off  from 
sub-districts  number  —  and  — ,  respectively,  is  hereby  consolidated  and  formed  into 
a  new  sub-district  and  designated  sub-district  number  —  of township. 

Resolved  by  the  board  of  education  of township,  That  sub-districts  number  — 

and  —  are  hereby  abolished,  and  that  the  territory  included  in  said  sub-districts 
at  the  time  of  their  abolishment  is  hereby  consolidated  and  formed  into  a  new  sub- 
district,  and  designated  sub-district  number  —  of  township.    This  resolution 

shall  take  effect  on  the day  of  ,  18 — . 

Note. — When  a  new  sub-district  is  formed  the  township  board  should  call  a  meet- 
ing of  the  qualified  voters  to  elect  local  directors.    [Chapter  4,  section  3922.] 

XXI.    NOTICE    OF    ELECTION    IN   A   NEW   SUB-DISTRICT. 

Whereas,  The  board  of  education  of township, county,  did,  at  their 

last  regular  meeting,  the  third  Monday  of ,  abolish  sub-district  number  — ,  [or 

sub-districts  number  —  and  — )  and  form  from  the  territory  of  said  sub-district,  and  so 
much  of  sub-district  number  —  as  is  bounded  as  follows  :  {describe  boundary),  a  new 
sub-district,  to  be  known  as  sub-district  number  — : 

Therefore,  notice  is  hereby  given  to  the  qualified  voters  of  said  sub-district,  thus 


SCHOOL    officers'    GUIDE.  157 

Forms  and  Instructions. 

organized  and  designated,  that  a  meeting  for  the  election  of  three  school  directors 

will  be  held  at ,  on  the day  ot ,  from  —  o'clock to  —  o'clock 

.,  said  election  to  be  conducted  as  prescribed  in  section  3922. 

By  order  of  the  Township  Board. 

,  Clerk. 

, ,  18-. 

Note. — See  remark  (d)  under  section  3913. 

XXII.  ORGANIZATION  OF  A  JOINT  SUB-DISTRICT  SCHOOL. 

RESOLUTION   OF  BOARD  TRANSFERRING  TERRITORY. 

Resolved  by  the  Board  of  Education  of Township,  That  so  much  of  sub-district 

number as  is  bounded  as  follows :    (describe  boundary),  is  hereby  transferred,  if 

the  board  of  education  of township  concur  in  such  transfer,  to  the  said  town- 
ship for  school  purposes,  to  form  with  so  much  of  said  township  as  is  bounded  as  fol- 
lows: (describe  boundary),  a  joint  sub-district,  the  school-house  therein  to  be  situated 
in  said township. 

RESOLUTION   OF   THE   BOARD   RECEIVING   THE   TERRITORY   TRANSFERRED. 

Resolved,  That  the  board  of  education  of  township  hereby  concurs  in  the 

action  of  the  board  of  education  of township  transferring  so  much  of  said 

township  as  is  bounded  as  follows:  (describe  boundary),  to  thia  township  for 

school  purposes,  to  form  with  so  much  of  the  territory  of  this  township  as  is 

bounded  as  follows :  {describe  boundary),  a  joint  sub-district  with  school-house  in  this 
township. 

XXIII.    PETITION  TO  BOARD  OF  EDUCATION  FOR  JOINT  SUB-DISTRICT. 

[To  be  placed  on  file  by  the  clerk  of  the  board,] 

To  the  Board  of  Education  of township : ' 

, 18-, 

Gentlemen:  We,  the  undersigned  electors,  residing  in  the  territory  hereinafter 
described,  do  hereby  most  respectfully  pray  your  honorable  body  to  establish  a  joint 
sub-district  ^special  district,  additional  sub-district}  embracing  the  territory  bounded  as 
follows :  (describe  the  boundaries  and  set  forth  reasons  causing  this  petition.) 

And  thus  the  undersigned  shall  ever  pray,  etc. 


[Sections  3931,  3932,  and  3946.] 

XXIV.    CLERK'S  NOTICE  TO  MEMBERS  OF  BOARD. 

, ,  18-. 

Dear  Sir:    You  are  hereby  notified  that  a  petition  signed  by 


township  [or  townships],  has  been  presented  and  filed,  praying  for  the  erec- 


158  OHIO    SCHOOL    LAWS. 


Forms  and  Instructions. 


tion  of  a  joint  sab-district  ^special  di$trici,  additional  sub-district]  to  comprise  the  terri- 
tory bounded  as  follows  :  {describe  the  boundaries.) 

The  board  will  meet  on ,  the of ,  18 — ,  at o'clock , 

for  the  purpose  of  considering  the  prayer  of  the  petitioners.  The  presence  of  every 
member  is  desired. 

,  Clerk. 

[Chapter  5,  section  3933.] 

Note. — [A  notice,  like  the  above,  with  a  slight  change  required,  must  be  sent  "to 
the  clerk««  of  all  other  boards  of  education  having  jurisdiction  over  any  of  the  terri- 
tory Sought  to  be  affected ;  and  such  clerks,  upon  the  receipt  of  such  notice,  shall  in 
like  manner  give  notice  forthwith  of  the  filing  of  such  petition,  and  of  the  time  and 
place  of  meeting  to  each  member  of  their  respective  boards."]  [Chapter  5,  section 
8933.] 

XXV.    PETITION  TO  PROBATE  JUDGE. 

,  T— ,  18-. 

Hon.  ,  Probate  Judge  of county,  State  of  Ohio  : 

Whereas,  the  boards  of  education  of township, county,  Ohio,  and  of 

township,  in  said  county  and  state,  having  refused,  at  a  meeting  held  [state 

time  and  place]  to  grant  our  petition  [or  having  failed  to  meet  within  the  time  pre- 
scribed by  law  to  consider  our  petition]  praying  for  the  creation  of  a  joint  sub-dis- 
trict [special  district,  etc.,']  said  petition  having  been  filed  with  the  clerk  of  said 

township  board  of  education,  as  prescribed  by  law,  on  the day  of ,  18 — ; 

Therefore  we,  the  undersigned  petitioners  and  electors,  residents  in  the  territory 
hereinafter  described,  do  hereby  most  respectfully  pray  and  petition  you  to  appoint 
three  judicious,  disinterested  men  of county,  and  not  residents  of  the  town- 
ship [or  townships  or  districts]  to  be  affected  by  this  petition,  to  consider  the  crea- 
tion of  a  joint  sub-district  embracing  the  territory  bounded  as  follows  :  [describe  the 
boundaries  ] 

And  thus  we  shall  ever  pray,  etc. 


[Sections  3934  and  3938.] 

Note.— The  above  form  may  be  readily  adapted  to  cases  as  they  may  arise. 

XXVI.    REMONSTRANCE  AGAINST  JOINT  SUB-DISTRICT. 
Son. ,  Probate  Judge  of county,  Ohio  : 

Whereas,  the  boards  of  education  of  township,  county,  Ohio,  and 

of township  of  said  county  and  state,  at  a  j^nnt  meeting  held  on day  of 

,  18—,  did  establish  a  joint  sub-district  composed  of  territory  lying  within  the 

limits  of  said  townships  and  bounded  as  follows:  [describe  boundary.] 

Therefore  we,  the  undersigned  petitioners  and  electors,  residents  of  the  territory 
thus  described,  do  hereby  remonstrate  against  the  action  of  such  boards,  and  do  most 
respectfully  pray  and  petition  you  to  appoint  three  disinterested  judicious  men  of 


SCHOOL    OFFICERS     GUIDE.  1 59 


Forms  and  Instructions. 


county,  not  residents  of  the  township  to  be  affected  by  this  petition,  to  con- 
sider whether  the  action  of  said  boards  should  not  be  set  aside,  for  the  following  rea- 
sons, to-wit:  [give  reasons.] 


Note.— In  case  the  townships  lie  in  different  counties  or  a  village  or  special  dis- 
trict is  affected,  the  above  form  may  be  changed  to  suit  the  circumstances. 

XXVII.     APPOINTMENT  OF  COMMISSIONERS  BY  PROBATE  JUDGE. 

, ,  18-. 

Mr. . 

Dear  Sir:  By  virtue  of  authority  conferred  by  law  [section  3938  of  the  revised 
statutes  of  Ohio],  and  in  response  to  a  petition  on  file  in  this  oflBce,  praying  the  cre- 
ation of  a  j')int  sub-district  [gpecial  district,  etc.} 

I  hereby  appoint  you  a  commissioner  to  consider  the  prayer  of  the  petitioners — a 
•copy  of  which  petition  will  be  laid  before  you — and  you  are  hereby  notified  and  di- 
rected to  meet  the  other  two  commissioners,  appointed  for  a  similar  purpose  on 

the day  of  ,  18—,  at  o'clock  at  the  school-house  in  sub-district 

No.  , township,  — '■ county,  [if  not  a  school-house  then  designate  the 

place],  to  consider  the  expediency  of  creating  a  joint  sub-district  Ispecial  district,  etc.'], 
and  report  to  this  office  the  result  of  your  deliberations. 

,  Probate  Judge. 

XXVIII.    REPORT  OF  COMMISSIONERS. 

, ,  18-. 

E(m. — ,  Probate  Judge  of county,  Ohio. 

Dear  Sir  :    We,  the  undersigned  commissioners,  acting  under  your  appointment 

and  instructions,  dated  the day  of ,  18—,  respectfully  report  that  we  met 

agreeable  to  notice,  and  after  due  deliberation  and  consideration  of  facts,  have  granted 
[or  refused,  as  the  case  may  be,]  the  prayer  of  the  petitioners,  and  have  [not]  established 
a  j^int  sab-district,  a  plat  and  boundaries  of  which  are  hereby  submitted,  and  have 
designated  a'  site  for  a  school-house  [if  there  is  no  school-house  within  the  boundaries 
given]. 


^  Commissioners' 

fSee  section  3941.]  5 

Note.— [Forms  XXIII,  XXIV,  XXV,  XXVI,  XXVII,  XXVIII,  may  easily  b* 
varied  to  apply  to  the  "  creation  of  an  additional  sub-district,  or  for  changing  the  line* 
of  sub-districts,  or  for  the  creation  of  special  school  districts,  or  for  changing  the  lineg 
of  special  or  village  districts,  and  adjoining  sub-districts."]    [See  section  3946.] 


l60  OHIO   SCHOOL   LAWS. 


Forms  and  Instructions. 


XXIX.    ASSIGNMENT  OF  SCHOLARS  TO  CENTRAL  HIGH  SCHOOL. 

The  board  of  education  of  township,  county,  OhiOj  met  this  day 

and  assigned  the  following  scholars  to  the  High  School : 

From  sub-district  No. : 

A.  B'. 
CD. 
Etc. 

From  sub-district  No. : 

E.  F. 
G.  H. 
Etc. 
{The  aisignment  from  each  tub-district  being  specified  in  like  manner.) 
By  order  of  the  Township  Board, 

XXX.    APPOINTMENT  OF  LIBRARIAN. 


-, ,  18-. 


The  board  of  education  of township, county,  has  this  day  appointed 

to  act  as  librarian,  and  to  take  charge  of  the  school  apparatus  of  said 


township,  for  term  of year. 

By  order  of  the  Board, 

,  Clerk.  \ 

XXXI.    BOND  OF  LIBRARIAN.* 

Know  all  men  by  these  presents,  that  we, and ,  are 

held  and  bound  unto  the  State  of  Ohio  in  the  sum  of hundred  dollars,  for  the 

payment  of  which  we  jointly  and  severally  bind  ourselves.  Signed  and  sealed  by  us 
this day  of ,  eighteen  hundred  and . 

The  condition  of  this  obligation  is  such,  that  whereas,  the  board  of  education  of 

township, county,  on  the day  of  ,  eighteen  hundred  and 

-,  appointed  and  authorized  said to  act  as  librarian  and  to  take 


charge  of  the  school  apparatus  of  said  township  district. 

Now,  if  said shall  faithfully,  honestly,  and  impartially,  and  in 

accordance  with  such  rules  and  regulations  as  may,  from  time  to  time,  be  prescribed 
by  said  board,  discharge  his  duty  under  and  by  virtue  of  said  appointment,  for  the 

term  of year,  and  until  his  successor  shall  be  duly  appointed,  then  this  obligation 

shall  be  void. 

,  [seal.] 

,  [seal.] 

Attested : 


■"This  form  is  authorized  but  not  required  by  law. 


SCHOOL    officers'    GUIDE.  l6l 

Forms  and  Instructions. 

XXXII.    ORDER  ON  TOWNSHIP  TREASURER  FOR  TEACHER'S  PAY. 

,  18-. 

No. . 

To  the  Treasurer  of Towmhip, County,  Ohio  : 

Pay dollars  for  services  as  teacher  la  sub-district ,  of  said  township, 

from ,  18 — ,  to 18 — ,  in  all weeks,  at per . 


Towmhip  Clerk. 

$ . 

Received  on  the  above  order,  ,  ,  18 — ,  of  ,  Township 

Treasurer,  the  sum  of dollars. 


-,  Teacher. 


NoTK. — The  above  order  should  be  countersigned  by  the  president  of  the  board 
in  case  of  a  teacher  of  a  township  high  school. 

XXXIII.     ORDER  ON  TREASURER   OTHER  THAN  FOR   TEACHER'S  PAY. 

No. .      . 

To  the  Treasurer  of Township, County,  Ohio. 

Pay ,  or  order,  dollars,  for  (gpecify  for  what  purpose  the  money  is 

paid)  from  the  contingent  school  fund  {or  from  the  school  building  fund.) 
By  order  of  the  Township  Board, 


•,  President. 


-,  Clerk. 


% . 

Received  on  the  above  order,  ,  -,  18—,  of ,  Township 

Treasurer,  the  sum  of dollars. 


See  section  4047. 

XXXIV.    LEASE  TO  SCHOOL  DISTRICT. 

Know  all  men  by  these  presents : 

That  ,  of  the  county  of ,  and  State  of ,  for  the  consideration 

herein  mentioned,  does  hereby  lease  unto  the  board  of  education  of  the  township  of 

,  county  and  state  aforesaid,  its  successors  and  assigns,  the  following  premises, 

to  wit:  [Here  insert  description],  with  all  the  privileges  and  appurtenances  thereunto 

belonging ;  to  have  and  to  hold  the  same  for  and  during  the  term  of years  from 

the  —  day  of ,  18 — .    And  the  said  board  of  education  for  itself  and  assigns,  does 

covenant  and  agree  to  pay  the  said for  the  said  premises,  the  annual 

rent  of dollars  [Insert  date  of  payment]. 

11 


1 62  OHIO    SCHOOL    LAWS. 


Forms  and  Instructions. 


In  witness  whereof,  the  said  parties  hereunto  set  their  hands  and  seals,  this 

of ,18-. 

,  [seal.] 

LetiOT. 

,  [SBAL.] 

Chairman  of  the  Board, 

,  [seal.] 

Clerk. 
Signed,  sealed,  and  acknowledged  in  the  presence  of — 


Sbate  of  Ohio, County,  ss.  : 

Before  me,  a in  and  for  said  county,  personally  appeared , 

grantor  in  the  above  instrument,  and  acknowledged  the  same  to  be  voluntary 

act  and  deed,  for  the  uses  and  purposes  therein  mentioned. 

In  testimony  whereof,  I  have  hereunto  subscribed  my  name  and  aflBxed  my 

seal,  this  —  day  of ,' A.  D.  18—. 


NoTB. — If  the  lease  be  for  three  years  or  more,  it  must  be  acknowledged,  attested 
byltwo  witnesses,  and  recorded.  If  for  a  less  term,  it  need  not  be  executed  with 
these  formalities.  See  section  4112.  The  consideration  may  be  money  or  anything 
else,  and  the  form  varied  accordingly.    The  above  form  is  for  a  long  lease. 

XXXV.     TOWNSHIP  TREASURER'S  BOND. 
Know  all  men  hy  these  presents :    That  we. 


■ ,  are  held  and  firmly  bound  unto  the  State  of  Ohio,  in  the  sum  of 

dollars,  for  the  payment  whereof  we  jointly  and  severally  bind 

ourselves. 

Signed  and  sealed  by  us  this     - day  of ,  A.  D.  eighteen 

hundred  and • 

Whereas,  the  said has  been  duly  elected  and  qualified  as  treas- 

^j,gy  Qf township, county,  and  State  of  Ohio,  for  the 

^j.jjj  of year— from  the day  of  April,  A.  D.  18—,  and  until  his  successor  is 

elected  and  qualified,  and  is  therefore  ex-officio  treasurer  of  the  board  of  education 
of  the  township  district  of  said  township. 

Now,  the  condition  of  the  above  obligation  is  such,  that  if  the  said 

shall  faithfully  disburse,  according  to  law,  all  school  funds  which  come  into  his  hands, 
then  this  obligation  shall  be  void ;  otherwise  it  shall  be  and  remain  in  full  force. 

,  [SBAL.] 


,        [seal.] 

,        [seal.] 

The  above  bond  approved  by  said  board  this day  of  ,  A.  D.  18—. 

__    — -        ^ 

President  of  said  board. 
Clerk  of  said  hoard. 


SCHOOL    officers'    GUIDE.  1 63 


Forms  and  Instructions. 


The  State  of  Ohio, county, township,  m.  ; 

Before  me, ,  clerk  of  said  towuBhip,  personally  came , 

who,  being  duly  sworn  according  to  law,  says  that  he  will  support  the  constitution  of 
the  United  States,  and  the  constitution  of  the  State  of  Ohio ;  and  that  he  will  faith- 
fully discharge  his  duties  as  treasurer  of  the  board  of  education  of  the  township  dis- 
trict of  township, county,  Ohio,  during  his  continuance  in  said  oflBce, 

and  until  his  successor  is  chosen  and  qualified. 


Sworn  to  before  me  and  signed  in  my  presence,  on day  of ,  A.  D.  18 — . 

Township  Clerk. 

XXXVI.    CERTIFICATE  OF   TREASURER'S   BOND. 
To  the  Auditor  of county  : 

It  is  hereby  certified  that has  executed  and  filed  with  me  a  bond  for  the 

faithful  disbursement,  as  treasurer  of township, county,  of  all  school 

funds  that  may  come  into  his  hands  as  such  treasurer  ;  which  bond,  dated  April  — , 
18 — ,  is  in  the  penalty  of dollars,  and  has  been  approved  by  the  board  of  ed- 
ucation of  said  township. 


Clerk  of  said  township. 
Note. — [The  above  can  be  altered  so  as  to  apply  to  the  bond  of  the  treasurer  of  a 
separate  school  district.] 

XXXVII.    TREASURER'S   BOND. 

We  hereby  acknowledge  ourselves  firmly  held  unto  the  State  of  Ohio  in  the  sum 

of dollars,  for  the  payment  whereof  we  jointly  and  severally  bind  ourselves, 

our  heirs,  executors  and  administrators. 

Signed  and  sealed  by  us,  this day  of ,  A,  D.  18 — . 

The  condition  of  the  above  obligation  is  this,  that  the  said has 

been  duly  chosen  and  qualified  as  treasurer  of  the  board  of  education  of  the  * 

District  of ,  in township, county,  and  State  of  Ohio,  for  the 

term  of  one  year  from  the day  of  April,  A.  D.  18—,  and  until  his  successor  is 

chosen  and  qualified ;  now  if  the  said shall  faithfully  disburse,  ac- 
cording to  law,  all  school  funds  which  come  into  his  hands,  then  this  obligation  shall 
be  void ;  otherwise  it  shall  be  and  remain  in  full  force  and  eff'ect. 

,  [SKAL.] 

,        [seal.] 

,        [seal.] 

The  above  bond  approved  by  said  board  this day  of  ,  A.  D.  18 — . 

Prendent  of  said  bear 

> 
Clerk  of  said  board. 


1 64  OHIO    SCHOOL    LAWS. 


Forms  and  Instructions. 


The  Slate  of  Ohio,  county,  tovmgJiip,  ss. : 

Before  me,  t ,  personally  came ,  and  was  duly  sworn, 

according  to  law,  to  support  the  constitution  of  the  United  States,  and  the  constitution 
of  the  State  of  Ohio  ;  and  perform  faithfully  his  duties  as  treasurer  of  the  board  of 

education  of  the  * district  of ,  in township, 

county,  Ohio,  during  his  continuance  in  said  cflBce,  and  until  his  successor  is  chosen 
and  qualified. 

Sworn  to  before  me  and  signed  in  my  presence,  on  this day  of , 

18—,  by  the  said . 


of  gaipl  board. 


XXXVIII.    CLEEK'S  BOND. 


Know  all  men  by  these  pretents :  That  we, , ,  are 

'held  and  firmly  bound  unto  the  State  of  Ohio,  in  the  sum  of dollars, 

for  the  payment  whereof  we  jointly  and  severally  bind  ourselves. 

Signed  and  sealed  by  us  this day  of — ,  A.  D.  eighteen  hun- 
dred and . 

Whereas,  the  said has  been  duly  chosen  and  qualified  as  clerk  of  the 

board  of  education  of  * district  of ,  in town- 
ship,   county,  and  State  of  Ohio,  for  the  term  of  one  year  from  the 

day  of  April,  A.  D.  18—,  and  until  his  successor  is  chosen  and  qualified. 

Now,  the  condition  of  the  above  obligation  is  such,  that  if  the  said, 

shall  faithfully  perform  all  the  official  duties  required  of  him  f  s  clerk  of  said  board, 
then  this  obligation  will  be  void  ;  otherwise  it  shall  be  and  rema'n  in  full  force. 

,        [seal.] 

,        [seal.] 

~t ,        [seal.] 

The  sureties  on  the  above  bond,  and  its  amount,  approved  by  said  board  this 
day  of ,  A.  D.  18 — . 

Prendent  of  said  board. 

Clerk  of  said  board. 

The  State  of  Ohio, county, ,  tovmship,  ss.: 

Before  me,  t ,  personally  came ,  who,  being  duly  sworn 

according  to  law,  says  that  he  will  support  the  constitution  of  the  United  States  and 
the  constitution  of  the  State  of  Ohio;  and  that  he  will  faithfully  discharge  his  duties 

as  clerk  of  the  board  of  education  of  the  * district  of ,  in 

township, county,  Ohio,  during  his  term  of  office,  and 

until  his  successor  is  chosen  and  qualified. 

of  iaid  board. 


fThe  oath  may  be  administered  by  the  clerk  of  the  board,  or  any  of  its  members> 
See  section  3979.  Here  write  (using  correct  name)  "A.  B.  clerk  (or  a  member)  of  the 
board  belovj  named."] 

*[Here  write  " fiWa^e "  or  " special,"  &8  maybe. 


SCHOOL    officers'    GUIDE.  1 65 


Forms  and  Instructions. 


XXXIX.    TOWNSHIP  CLERK'S  BOND. 

Know  all  men  by  these  presents:  That  we, , ,  are  held 

and  firmly  bound  unto  the  State  of  Ohio,  in  the  sum  of dollars,  for  the 

payment  whereof  we  jointly  and  severally  bind  ourselve«. 

Signed  and  sealed  by  us  this day  of ,  A.  D.  eighteen  hundred 

and . 

The  condition  of  the  above  obligation  is  such  that,  whereas,  the  said 

has  been  duly  elected  and  qualified  as  clerk  of township, 

county,  and  State  of  Ohio,  for  the  term  of  one from  the day  of  April,  A.  D. 

18—,  and  until  his  successor  is  chosen  and  qualified,  and  is,  therefore,  ex-oflScio 
clerk  of  the  board  of  education  of  the  township  district  of  said  township. 

Now,  if  the  said shall  perform  faithfully  all  the  oflBcial  duties 

required  of  him  as  clerk  of  said  board,  then  this  obligation  will  be  vcid ;  otherwise  it 
will  remain  in  full  force. 

,        [seal.] 

,        [seal.] 

.        [seal.] 

The  sureties  on  the  above  bond,  and  its  amount,  approved  by  said  board  this 

day  of ,  A.  D.  18 — . 

_____  ^ 

President  of  said  board. 


Clerk  of  said  board. 

The  Slate  of  Ohio, county, toivnship,  ««. : 

Before  me, ,  clerk  of  said  township,  personally  came , 

who,  being  duly  sworn  according  to  law,  says  that  he  will  support  the  constitution  of 
the  United  States  and  the  constitution  of  the  State  of  Ohio;  and  that  he  will  faith- 
fully discharge  his  duties  as  clerk  of  the  board  of  education  of  the  township  district 

of township, county,  Ohio,  during  his  term  of  office,  and 

until  his  successor  is  chosen  and  qualified. 


Sworn  to  before  me  and  signed  in  my  presence,  on  this day  of , 

A.  D.  18—. 

Towmhip  clerk. 

XL.    EEPORT  AND  CERTIFICATE  OF  SCHOOL  FUNDS  IN  TREASURY. 

We  hereby  certify  that,  by  a  count,  as  required  by  law,  of  all  the  money,  bonds, 

and  securities  in  the  hands  of ,  treasurer  of township  [or 

district], county,  Ohio,  made  this day  of , 

18 — ,  in  the  presence  of  the  clerk  of  the  board,  we  find dollars  [and  bonds, 

etc.,  in  value  amounting  to dollars]  school  funds  to  be  in  the  treasury  on  the 


[tThe  oath  may  be  administered  by  the  outgoing  clerk  of  the  board,  or  by  any 
of  its  members.  Here  write  (using  correct  name)  "  A.  B,,  clerk  (or,  a  member)  of  the 
board  below  named."] 


1 66  OHIO    SCHOOL    LAWS. 


Forms  and  Instructions. 


date  above  named,  and  we  have  directed  the  clerk  to  enter  upon  the  records  of  the 
board  a  copy  of  this  report. 

(Signed,)  , 


Board  (or  committee.) 

Attest, ,  President. 

,  Clerk. 

[See  section  4043,  Revised  Statutes.] 

XLI.    FINAL  RECEIPT  OF  TOWNSHIP  TREASURER. 

Received, ,  18 — ,of ,  late  treasurer  of township, 

county,  the  following  moneys  and  school  property,  to  wit.: 


dollars,  being  part  and  parcel  of  the fund,  also,  etc. 

> 

Treasurer. 

XLIL    FINAL  RECEIPT  OF  TOWNSHIP  CLERK. 

Received, ,  18 — ,  of ,  late  clerk  of town- 
ship, the  school-money  account- book,  the  record  book  of  the  township  board,  the  copy 
of  the  school  laws,  the  certificate  and  reports  of  teachers  required  by  law  to  be  filed 
in  his  oflSce,  and  the  other  official  books  and  papers  relating  to  schools,  in  his  hands. 


Clerk  of  taid  board. 

[See  section  4054.] 

Note.— [The  incoming  clerk  should  be  specially  careful  to  receive  all  the  books 
and  documents  specified  in  the  above  receipt.  This  form  can  readily  be  altered  to 
answer  for  any  other  district.] 


SCHOOL   OFFICERS     GUIDE. 


167 


Forms  and  Instructions. 


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1 68 


OHIO    SCHOOL  LAWS. 


Forms  and  Instructions. 


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SCHOOL    OFFICERS     GUIDE. 


169 


Forms  and  Instructions. 


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OHIO    SCHOOL    LAWS. 


Forms  and  Instructions. 


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SCHOOL    officers'    GUIDE.  171 


Forms  and  Instructions. 


DIBKCTIONS    TO  TBACHERS, 

1.  Names  of  pupils. — Arrange  the  names  of  pupils  in  alphabetical  order,  with  at 
least  one  blank  line  between  the  names  of  the  two  sexes. 

2.  Days  present.— Write  in  this  column  the  number  of  days  each  pupil  was  in 
attendance  during  the  term, 

3.  Days  absent. — Eeport  only  the  number  of  days  the  pupil  was  absent  while  a 
member  of  the  school.  Do  not  count  the  days  before  he  entered,  nor  after  he  was 
withdrawn. 

4.  Pupils  enrolled  previous  term — If  the  report  is  made  for  the  second  or  final  term 
of  the  school  year,  place  a  check-mark  (x)  in  this  column  opposite  the  names  of  all 
pupils  enrolled  the  previous  term.  If  the  report  is  made  for  the  first  term  of  the 
school  year,  this  column  is  not  to  befiiled,  since  the  "  previous  term  "  in  that  case  would 
not  be  in  the  current  year. 

5.  Branches  of  study. — To  denote  that  a  pupil  pursued  a  given  branch  of  study, 
place  a  figure  one  (1)  in  the  proper  column,  opposite  the  pupil's  name.  If  he  pur- 
sued the  same  study  the  previous  term  of  the  current  year,  place  a  figure  (2)  in  the 
proper  column.  Under  the  head  of  "  alphabet "  mark  those  pupils  that  received 
their  first  lesson  in  reading,  whatever  the  mode  of  teaching.  By  "  oral  lessons  "  is 
meant  all  regular  oral  instruction,  whatever  the  subjects  thus  taught ;  book  lessons  are 
not  included. 

6.  Rule  for  finding  the  average  daily  attendance. — Add  together  the  number  of  days 
the  difi"erent  pupils  were  in  attendance,  and  divide  the  sum  by  the  number  of  days 
the  school  was  in  session.    The  average  daily  absence  is  found  in  a  similar  manner^ 

7.  Rule  for  fiading  the  average  age  of  pupils. — Divide  the  sum  of  the  ages  of  all 
the  pupils  by  the  number  of  pupils. 

8.  Under  the  columns  headed  reading,  spelling,  etc.,  use  letters  and  figures  to 
indicate  the  progess  of  the  pupil  and  hip  standing  as  a  scholar,  thus :  Under  the 
word  ^'  Class,"  in  the  reading  and  spelling  columns,  let  e  denote  that  the  pupil  is  in 
the  mere  elements,  I  in  the  First  Reader,  2  in  tne  Second  Reader,  etc.  Under  Writ- 
ing, ditto.  Under  Geography  and  all  other  branches,  e  means  in  the  elements. 
Figures  underscored  indicate  the  page  reached  in  his  Primary  Geography,  Arith- 
metic, etc.  Figures  not  underscored  indicate  the  page  reached  in  the  Intermediate 
Geography  ,Practical  Arithmetic,  etc.  Under  the  words  "recitation  "  and  "  examina- 
tion," put  figures  to  denote  scholarship,  on  a  scale  of  10.  For  example :  John  Smithy 
reading,  |  5  |  8  1  9  |  ,  arithmetic,  |  95  |  9  |  10  |  ,  indicates  that  John  Smith  is  in  the 
Fifth  Reader,  that  his  term  recitation  show  his  scholarship  to  be  8  on  a  scale  of  10> 
and  that  his  examination  shows  still  better  scholarship ;  also  that  he  reached  the 
95th  page  of  his  arithmetic,  and  that  his  scholarship  is  9  on  daily  recitations,  and  10 
in  examination. 


\.\  B  Ra^ 


172 


OHIO    SCHOOL    LAWS. 


Form.s  and  Instructious. 


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SCHOOL    OFFICERS     GUIDE. 


173 


Forms  and  Instructions. 


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174 


OHIO    SCHOOL    LAWS, 


Forms  and  Instructions. 


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SCHOOL    officers'    GUIDE.  1 75 


Forms  and  Instructions. 


TEACHER'S  REPORT  TO  THE  TOWNSHIP  CLERK— Concluded. 

DIRECTIONS  TO   TEACHKES. 

1.  Names  of  Pupils. — Arrange  the  names  of  pupils  in  alphabetical  order,  with  at 
least  one  blank  line  between  the  names  of  the  two  sexes. 

2.  Days  Present. — Write  in  this  column  the  number  of  days  each  pupil  was  in 
attendance  during  the  term. 

3.  Days  Absent.— Report  only  the  number  of  days  the  pupil  was  absent  while  a 
member  of  the  school.  Do  not  count  the  days  before  he  entered  nor  after  he  was 
withdrawn. 

4.  Ages. — Give  the  age  of  each  pupil  to  the  nearest  birthday  ;  i.  e.,  if  the  pupil's 
birthday  last  preceding  his  enrollment  be  more  than  six  months  past,  give  the  age 
at  what  it  will  be  on  the  pupil's  birthday  next  succeeding ;  but  if  less,  give  his  age 
at  his  last  birthday. 

5.  Re-enrollments  of  First  Class.-The  name  of  each  pupil  that  has  been  re-enrolled 
in  consequence  of  having  attended  a  previous  term  of  the  school  year,  in  the  same 
school,  or  in  any  sub-district  school  in  the  same  township,  should  be  marked  in  the 
proper  column  with  an  asterisk  (*). 

6.  Re-enrollments  of  Second  Class. — The  name  of  each  pupil  that  has  been  re- 
enrolled  in  consequence  of  having  attended  previously  in  the  school  year  a  school  in 
some  other  school  district  in  the  State,  should  be  marked  in  the  proper  column  with 
two  asterisks  (*  *j. 

7.  Branches  of  Study  and  School  Year. — A  figure  one  (1)  should  be  placed  in  the 
proper  column,  opposite  the  name  of  each  pupil  that  pursued  that  study  regularly. 
In  case  a  pupil  has  studied  a  given  branch  some  previous  term  of  the  same  school 
year — the  school  year  begins  September  Ist,  and  ends  on  the  31st  day  of  the  following 
August — instead  of  a  figure  (I)  use  a  cross  (X).  Teachers  and  Township  Clerks 
should  use  great  care  in  giving  this  item. 

8.  Alphabet. — Under  this  head  are  included  primary  lessons  in  reading. 

9.  '  Oral  Lessons. — Include  all  pupils  that  received  regular  oral  instruction,  whatever 
the  subjects  thus  taught;  book  lessons  are  not  included. 

10.  To  find  the  average  monthly  enrollment  of  boys,  find  the  number  of  boys 
enrolled  each  month ;  add  these  numbers  together,  and  divide  their  sum  by  the 
number  of  fnonths  in  the  term.  Give  the  quotient  to  the  nearest  integer.  The  aver- 
age monthly  enrollment  of  girls  may  be  obtained  in  the  same  manner.  A  pupil  who 
is  absent  the  whole  of  any  school  month  is  not  to  be  counted  in  the  enrollment  of 
that  month. 

11.  To  find  the  average  daily  attendance  of  the  boys,  divide  the  sum  of  all  the 
days  attended  by  the  boys,  by  the  number  of  days  taught.  Give  the  quotient  to  the 
nearest  integer.    The  average  attendance  of  the  girls  can  be  found  in  the  same  way. 


176  OHIO    SCHOOL   LAWS. 


Forms  and  Instructions. 


12.  To  find  the  average  per  cent,  of  attendance,  multiply  the  average  daily 
attendance  by  100,  and  divide  by  the  average  monthly  enrollment.  Give  the  quotient 
to  the  nearest  integer. 

13.  Remarks.— Opposite  each  name  enter  a  "remaik,"  stating  from  what  Bchool 
the  pupil  was  received,  if  registered  in  another  school  in  the  same  township  or  dis- 
trict, at  anji  time  durinq  the  school  year ;  or  what  school  he  entered,  if  transferred  or 
withdrawn  during  the  year.  The  object  of  these  remarks  is  to  show  in  what  school 
the  pupil  was  laU  registered. 

14.  School-houses  and  Apparatus. — An  estimate  of  their  value  can  easily  be  obtained 
of  the  directors  of  the  sub-district.  Report  to  the  township  clerk,  on  a  separate 
piece  of  paper,  the  condition  of  the  school-house,  school  furniture,  and  school  appa- 
ratus (outline  maps,  etc.) 


SCHOOL    OFFICERS     GUIDE. 


177 


Forms  and  Instructions. 


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OHIO    SCHOOL   LAWS. 


Forms  aud  Instructions. 


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SCHOOL    OFFICERS     GUIDE.  1 79 


Forms  and  Instruetions. 


DIRECTIONS   TO   CLERKS   AND   TEACHERS. 

1.  The  account  of  the  "  School-house  and  contingent  fund  "  should  be  kept  in 
the  properly  designated  columns;  and  the  account  of  the  "Tuition  fund"  in  the 
columns  marked  "  Tuition  Fund," 

2.  For  each  order  drawn  or  paid,  make  two  entries — one  in  the  general  town- 
ship account  of  school  funds,  and  the  other  in  the  account  of  the  proper  sub-district. 

8.  All  school  money  received  from  adjacent  townships  for  the  support  of  a  joint 
sub-district  school  should  be  entered  in  the  general  account  under  the  head  of 
Receipts,  and  in  the  proper  joint  sub-district  account  under  the  head  of  Apportion- 
ment. All  moneys  paid  to  adjacent  townships  for  the  support  of  a  joint  sub-district 
should  be  entered  in  the  general  account  under  the  head  of  Expenditures. 

4.  All  money  paid  by  non-resident  pupils  for  tuition  in  any  school  of  the  town- 
ship, must  be  paid  to  the  Treasurer  and  entered  in  the  general  account  under  the 
head  of  Receipts,  and  also  in  the  account  of  the  proper  sub  district  under  the  head  of 
Apporlionment. 

5.  The  Treasurer's  general  account  should  be  balanced  at  the  time  of  the  annu- 
al settlement  with  the  Auditor  in  September,  the  close  of  the  school  year.  The 
Treasurer's  sub-district  account  and  both  the  general  and  sub-district  accounts  of  the 
clerk  should  be  balanced  at  the  close  of  the  school  year,  and  also  at  the  lime  the 
money,  bonds,  or  other  securities,  in  the  Treasurer's  hands  are  counted,  as  provided 
in  section  4043. 

At  the  expiration  of  their  terms  of  official  service,  the  Township  Clerk  and 
Treasurer  are  required  by  law  to  deliver  to  their  successors  in  office  this  book  and 
all  other  official  books  and  papers  relating  to  schools,  in  their  hands. 


LI.      REPORT  OF  THE  TREASURER  OF TOWNSHIP, 

COUNTY,  OHIO. 


To  the  County  Auditor,  for  the  year  ending  August  81,  18 — : 

(To  be  made  to  the  auditor  on  or  before  the  4th  day  of  September.) 

RECEIPTS. 

Amount  of  school  moneys  received  during  the  year  from  the  following  sources, 
viz: 

Balance  on  hand  September  1, 18— $ 

State  Tax.. 

Irreducible  school  funds 

Interest  on  rents  on  school-land,  section  16 

Local  tax  for  school  and  school-house  purposes 

Amount  received  on  sale  of  bonds 

Fines,  licenses,  tuition  of  non-resident  pupils,  and  other  miscellaneous 

sources 

Total  receipts 


l80  OHIO    SCHOOL    LAWS. 


Forms  and  Instructions. 


KXPENDITDRKS. 

Whole  amount  paid  teach-  (     "'^^''^ *  |  ^^ 

ers  in  common  schools :    1  jji„u  c; j  * 

Amount  paid  for  supervision,  exclusive  of  teaching  services — 

For  sites  and  buildings — 

Amount  paid  for  interest  on,  or  redemption  of  bonds.. — 

For  fuel  and  other  contingent  expenses — 

Total  expenditures $ — 


Balance  on  hand  September  1, 18 — $ 

Amount  of  outstanding  orders  unpaid  September  1, 18— $ — ^ 

I  certify  the  foregomg  to  be  in  all  respects,  correct. 

,    Treasurer. 

,  Ohio,  ,  18— 


The  abo\e  report  should  cover  only  the  moneys  actually  received  and  disbursed 
by  the  treasurer  within  the  school  ypar  ending  August  31.  In  case  the  school  funds 
arising  from  the  second  semi-annual  distribution  of  taxes  are  not  received  on  or 
before  August  31,  such  funds  must  be  reported  by  the  Treasurer  among  the  receipts 
of  the  following  year.  In  case  there  were  outstanding  orders  unpaid  on  the  first  of 
September,  the  amount  of  such  orders  should  be  added  to  the  report,  in  order  that 
it  may  show  the  entire  expenses  of  the  schools  within  the  3'ear,  and  thus  correspond 
to  the  returns  of  the  Board  of  Education.  All  claims  upon  the  school  fund  for 
expenses  incurred  within  the  year  should  be  settled  and  paid,  if  possible,  previous 
to  August  31. 

By  "Irreducible  School  Funds"  is  meant  all  funds  from  the  State,  as  interest  on 
the  Virginia  Military,  United  States  Military,  or  Western  Reserve  School  Funds,  and 
the  rent  of,  or  interest  on  the  proceeds  of  the  sale  of  "  Section  Sixteen." 

All  money  paid  by  non-resident  pupils  for  tuition  in  any  school  in  the  township, 
must  be  paid  into  the  township  treasury,  to  be  disbursed  on  the  clerk's  order,  and 
reported  under  the  head  of  receipts. 

The  County  Auditor  transfers  all  funds  belonging  to  joint  sub-districts  directly 
to  the  township  in  which  the  school  is  located. 


CHAPTER  v.— FORMS   FOR  SCHOOL   EXAMINERS,  AUDITORS, 

ETC. 

LII.    APPOINTMENT  OF  SCHOOL  EXAMINERS. 

Office  of  Judge  of  Probate, 

County,  0., ,  18—. 

Being  satisfied  that is  a  competent  and  suitable  person  to  act  as  a 

member  of  the  board  of  school  examiners  for  this  county,  I  do  hereby  appoint  him 
to  said  office  for  the  term  of  three  years  from  date,  and  until  his  successor  shall  be 
appointed. 


SCHOOL   OFFICERS     GUIDE.  151 

Forms  and  Instructions. 
LIII.    REVOOATION  OF  SCHOOL  EXAMINER'S  APPOINTMENT. 

Office  of  Judge  op  Pkobate, 
County,  0.,  ,  18 — . 

Whereas,  on  the  day  of  ,  18—, was  appointed  to  the 

office  of  school  examiner  of county,  for  the  term  of  three  years ;  and,  whereas, 

evidence  has  been  filed  with  me,  and  I  have  become  satisfied  that  said 

is  an  unfit  person  to  be  retained  as  a  member  of  the  board  of  school  examiners  of 
said  county,  in  consequence  of  (here  slate  the  came  of  action.) 

Therefore,  the  said  appointment  of  said ,  as  school  examiner  of  said 

county,  is  hereby  revoked. 

,  Judge  of  Probate. 

LIV.    TEACHER'S  CERTIFICATE. 
[For  county.] 
No.  Cla88 , 

The  undersigned,  school  examiners  of  county,  Ohio,  having  examined 

-,  do  hereby  certify,  that possesses  adequate  knowledge  of  the  theory 


and  practice  of  teaching,  and  is  qualified  to  teach  orthography,  reading,  writing, 
arithmetic,  geography,  English  grammar,  United  States  history,  physiology  and 
hygiene,  and  on  the  the  nature  of  alcoholic  drinks  and  narcotics  and  their  effects 

on  the  human  system ;  and  that  has  furnished  satisfactory  evidence  of  good 

moral  character. 

This  certificate  to  be  valid  for  the  term  of months  from  date. 

Given  at  -: ,  and  dated  this day  of ,  A.  D.,  18 — . 

RESULT   OP   EXAMINATION. 

Orthography 

Reading 

Writing 

Arithmetic 

Geography 

English  grammar 

Theory  and  practice.. 

United  States  history 

Physiology  and  hygiene 

Nature  of  alcoholic  drinks  and  their 
effects  on  the  human  system. 

LV.    REVOCATION  OF  TEACHER'S  CERTIFICATE. 

To  the  local  directors  of  sub-district  No.  — , tovmsh'p, county,  Ohio : 

Whereas,  the  board  of  examiners  of  said  county,  on  the day  of ,  18 — , 

granted  a  certificate  to ,  authorizing  him  to  teach  orthography,  etc.,  for 

the  term  of years,  and  he  is  now  engaged  as  a  teacher  in  said  sub-district. 

And,  whereas,  it  has  been  represented,  and  said  board  has  become  satisfied,  that 

is  an  unfit  person  to  be  retained  as  such  teacher,  in  consequence  of 

{here  slate  the  offense). 


School  Examiners. 


1 82  OHIO   SCHOOL    LAWS. 


Forms  and  Instructions. 


Therefore,  said  certificate  is  hereby  revoked  [or  was]  revoked  at  a  meeting  of  said 

board day  of ,  18 — . 

By  order  of  the  Board. 

,  Clerk. 

,18—. 

NoTB. — [A  teacher's  certificate  may  also  be  revoked  when  he  is  not  engaged  as  a 
teacher.  When  this  is  the  case,  the  first  line  of  the  above  form  should  be  omitted, 
and  the  last  paragraph  changed  to  read  as  follows:  "  Therefore,  his  said  certificate 
is  hereby  revoked."] 


SCHOOL    OFFICERS     GUIDE. 


Forms  and  Instructions. 


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184  OHIO    SCHOOL    LAWS. 


Forms  and  Instructions. 


TEACHERS'  INSTITUTES. 
Constitution  of Countij  Teachers'  Association- 

PREAMBLB. 

As  a  means  of  improvement  in  the  profession  of  teaching,  and  of  promoting  the 
interests  of  the  schools  in  our  county,  we  the  undersigned,  associate  ourselves  to- 
gether under  the  following 

CONSTITUTION. 

Article  I.  This  association  shall  be  called  the  County  Teachers'  Associa- 
tion. 

Art.  II.  The  oflSicers  of  this  association  shall  be  a  president,  a  secretary,  and 
an  executive  committee  of  three  members,  who  shall  also  perform  the  duties  of  a 
financial  committee. 

Art.  III.  It  shall  be  the  duty  of  the  president  to  preside  at  all  meetings  of  the 
association.  In  case  of  vacancy,  or  in  his  absence,  a  president  pro  tern,  may  be  elected, 
or  the  chairman  of  the  executive  committee  may  perform  his  duties. 

Art.  IV.  It  shall  be  the  duty  of  the  secretary  to  perform  the  usual  duties 
devolving  upon  such  oflScer. 

Art.  V.  The  ejiecutive  committe  shall  carry  into  effect  all  orders  and  resolutions 
of  the  association,  and  shall  devise  and  put  into  operation  such  other' measures,  not 
inconsistent  with  the  object  of  this  association,  as  it  shall  deem  best.  It  shall  arrange 
business  for  all  regular  meetings  of  the  association,  and  shall  appoint,  under  the 
direction  of  the  association,  at  least  one  such  meeting  each  year.  It  shall  make  all 
necessary  arrangements  for  holding  and  conducting  at  least  one  teachers'  institute 
in  the  county  each  year.  In  case  the  amount  of  money  under  the  control  of  the  as- 
sociation, including  the  institute  fund  in  the  hands  of  the  county  treasurer,  be  in- 
suflBcient  to  defray  the  necessary  expenses  of  an  institute,  said  committee  shall  fix 
and  give  due  notice  of  an  institute  tuition  fee  to  be  paid  by  those  attending  such 
institute.  All  moneys  belonging  to  this  association  are  to  be  paid  out  only  on  orders 
drawn  by  the  executive  committee. 

Art.  VI.  The  executive  committee  shall  hold  its  meetings  as  soon  after  election 
as  possible.  Two  members  shall  constitute  a  quorum  for  business,  and  afterwards 
may  meet  on  their  own  adjournment  or  appointment. 

Art.  VII.  Any  teacher,  or  active  friend  of  education,  may  become  a  member  of 
this  association,  by  subscribing  to  this  constitution  and  contributing  aanually  to  the 
funds  of  the  association. 

Art.  VIII.  The  oflBcers  of  this  association  shall  be  chosen  by  ballot,  or  in  such 
other  manner  as  the  association  may  direct,  at  the  annual  meeting,  and  shall  hold 
their  oflSces  for  one  year,  or  until  their  successors  are  elected. 

Art.  IX.  This  constitution  may  be  altered  or  amended  by  a  majority  of  the 
members  present  at  any  regular  meeting,  provided  notice  of  such  intended  alteration 
or  amendment  shall  have  been  given  at  the  preceding  meeting. 


SCHOOL    officers'    GUIDE.  1 85 

Forms  and  Instructions. 

Forms  to  be  used  under  the  provisions  of  the  Education  Law  to 
compel  children  under  fourteen  years  of  age  to  attend  school  a  certain 
length  of  time  each  year.     [0.  L.  8-6  v.  333.] 


NOriFIOATION  TO  PARENT  OR  GUARDIAN  OF  NON-ATTENDANCE. 

(Uader  Sec.  8.) 


0., 189... 

To  

You  are  hereby  notified  that ,  a  minor,  between  the  ages 

of and years,  who  is  under  your  charge  and  control,  is  not 

attending  any  school. 

You  are  required  by  law  to  cause  such  child  to  attend  some  recognized  school 
within  five  days  from  the  date  of  this  notice,  under  penalty  of  the  law,  which  pro- 
vides as  follows : 

"  "If  said  parent,  guardian,  orotlier  person  having  the  legal  charge  and  control  of  said 
child,  shall  willfully  neglect,  fail,  or  refui^e  to  cause  said  child  to  attend  some  recognized  school,  it  shall 
be  the  duty  of  said  officers  to  make,  or  cause  to  be  made,  a  complaint  against  said  parent,  guardian  cr 
other  person  havmg  the  legal  charge  or  control  of  such  child,  in  auy  court  of  competent  jurisdiction 
in  the  city,  village  or  township  in  which  the  olTjnsc  occurre.i,  for  such  refusal,  failure,  or  neglect,  and 
upon  conviction  thereof  said  parent,  guardian  or  other  f  erson,  as  the  case  may  be,  shall  be  punished 
by  a  fine  of  not  less  than  five  dollars  nor  more  than  twenty  dollars,  or  the  court  may,  in  its  discretion" 
require  persons  so  convicted  to  give  bonds  m  the  penal  sum  of  one  hundred  dollars,  with  one  or  more 
sureties  to  be  approved  by  said  court,  conditioned  that  said  persons  so  convicted  shall  cause  the  child 
or  children  under  his  or  her  legal  charge  or  control  to  attend  some  recognized  school  within  five  days 
thereafter,  and  to  remain  at  said  school  during  the  term  prescribed  by  law."    *    *"    *  • 


Truant  Officer. 
*Township, County,  Ohio. 

*["  Village  district,"  or  the  name  of  the  city  may  be  written  here  instead  of  township.] 


COMPLAINT  AGAINST  PARENT  OR  GUARDIAN. 

(Under  Sec.  8.) 


a, 189... 

To 


oH 


I, ,  duly  appointed  according  to  law  by  the  Board  of  Education 

*Township, County,  Ohio,  as  Truant  Officer  of 

aid  *Town8hip,  hereby  make  complaint  that is 


1 86  OHIO    SCHOOL   LAWS. 

Forms  and  Instructions. 

of,  and  has  legal  charge  and  control  of a  minor,  between  the  ages 

of and ; years  : 

That  the  said is,  under  the  construction  of  the  law,  a  juvenile 

disorderly  person : 

That  in  accordance  with  the  Statutes  in  such  cases  made  and  provided,  I  did  on 

the day  of 189—,  notify  the  said that  the  said 

w^as  not  attending  any  school,  and  requiring  that  the  said 

should  cause  the  said to  attend  some  recognized  school  within  five 

days  from  the  date  of  said  notice : 

That  the  said has  failed  to  comply  with  the  requirements  of  said 

notice,  as  provided  by  law  in  such  cases. 

In  witness  whereof,  I  have  hereunto  set  my  hand  this day  of  — 189 — . 

Truant  Officer  of '^  Towmhip, 

County,  Ohio 

*["  Village  district"  or  the  name  oftlie  city  may  be  Avrilten  here  instead  of  township.] 


COMPLAINT  AGAINST  JUVEN'ILE  DISORDERLY  PERSON. 

(Under  Sec.  8 ) 


O., 189... 


To 


of 


I, ,  duly  appointed  according  to  law,  by  the  Board  of  Education 

of *Townehip, County,  Ohio,  as  Truant  Officer  of 

said  *town8liip,  hereby  make  the  following  complaint: 

That  in  accordance  with  the  Statute  in  such  cases  made  and  provided,  I  did,  on 

the day  of ,  189—,  notify ,  the 

of,  and  having  legal  charge  and  control  of ,  a  minor,  between  the  ages 

of and years,  that  the  said was  not  attend- 
ing any  school,  and  requiring  that  the  said should  cause  the  said 

to  attend  some  recognized  school  withiu  five  days  from  the  date 

of  the  said  notice  : 

That  the  said having  failed  to  comply  with  the  requirements 

of  said  notice,  I  made  complaint  as  provided  by  law  in  such  cases. 

Now,  whereas,  the  said having  proved inability  to  cause 

the  said to  attend  said  recognized  school,  I  hereby  make  complaint 

that  said is  a  juvenile  disorderly  person  within  the  meaning  of  the 

Statute,  and  subject  to  the  penalties  of  the  law  in  such  cases  made  and  provided. 

In  witness  whereof,  I  have  hereunto  set  my  hand  this day  of 189—. 


Truant  Officer  of *Towmhip, 

County,  Ohio 


*["  Village  dUtrict"  or  name  of  city  may  be  written  here  instead  of  township.] 


SCHOOL    officers'    GUIDE.  1 87 


Forms  and  Instructions. 


WARRANT  FOR  THE  ARREST  OF  A  JUVENILE  DISORDERLY  PERSON. 


The  State  op  Ohio, 
'■ Cou 


o,        J 

NTY.       J 


To ,  truant  ofGcer,  [or  any  constable  or  policeman]  greeting: 

Whereps,  there  has  been  filed  with  me  an  affidavit,  complaining  that,  under  the 
provisions  '-f  an  act  passed  by  the  General  Assembly,  April  15,  1889,  to  compel 
children  uiider  fourteen  years  of  age  to  attend  school  a  certain  length  of  time  each 
year, is  a  juvenile  disorderly  person:  these  are,  therefore,  to  com- 
mand you  to  take  the  said and  safely  keep so  that  you  have 

body  fortt  with  before  me,  or  any  court  of  competent  jurisdiction  in  said  county,  to 
answer  the  said  complaint,  and  be  further  dealt  with  according  to  law. 
Given  under  my  hand,  this day  of ,  18—. 


[Here  write  name  of  office.] 


COMMITMENT. 


State  of  Ohio, County,         1 

TowKSHip  [village  district,         >  sa, 

or  city.]  j 

By ,  [name  of  office],  to  any  truant  officer,  [constable  or  policeman] 

for  the  said  township  [city  or  village] : 

These  aie  to  command  you  in  the  name  of  the  people  of. the  State  of  Ohio  to  take 
and  convey  to  [here  insert  the  name  of  the  juvenile  reformatory  or  county  children's 

home]  the  body  of who  being  charged  before  me  on  the  oath  of 

,  truant  officer,  with  being  a  juvenile  disorderly  person,  under  this 

act,  I  caused  the  said to  be  brought  before  me  on  said  charge,  and 

I  proceeded  to  inquire  into  the  matter  in  his  presence,  and  having  duly  considered 

the  said  matter, was  convicted  on  competent  testimony  of  being  a 

juvenile  disorderly  person. 

And  I  having  been  satisfied  by  sufficient  proof  that  the  said is 

a  child  between  the  ages  of  eight  and  fourteen  years,  and  is  of  the  age  of 

years,  having  sufficient  bodily  health  and  mental  capacity  to  render attendance 

and  instruction  at  some  public  or  private  school  expedient  and  practicable, 

was  adjudged  by  me  to  be  a  proper  subject  to  be  committed  to  the  


Now,  therefore,  you ,  [here  insert  name  of  ofl5ce]  are  hereby 

commanded  to  receive  the  said ,  who  is  hereby  committed  by  me 

to  your  care  in  said  county  children's  home,  [or  juvenile  reformatory]  there  to  be 
restrained  and  detained  and  sent  to  school  until  such  child  ehall  arrive  at  the  age  of 
sixteen  years,  unless  sooner  discharged  by  the  board  of  trustees  of  said  home,  [or 
reformatory,] 


1 88  OHIO    SCHOOL    LAWS. 


Forms  and  Instructions. 


Given  under  my  hand  and  seal  this day  of in  the  year  of  our  Lord 

one  thousand  eight  hundred  and . 


[0.  L.  86  V.  336,  ?  8.] 


[seal,] 

Here  insert  name  of  office. 


CERTIFICATE  OF  SCHOOL  ATTENDANCE. 

(Under  Sec.  2.) 


0., 189... 

To  all  whom  it  may  concern: 

This  is  to  certify  that has  attended  my  school  for  a  period  of 

not  less  than weeks  within  this  year, weeks  of  which  have  been 

consecutive. 

'  Teacher  of School, 

County,  Ohio.' 

Section  2  provides,  "That  no  child  under  the  age  of  fourteen  jears  shall  he  employed  hy  any  per- 
son, companj'  or  corporation  during  the  school  term,  and  while  the  public  Fchcols  are  in  session, 
un.oss  the  parent,  guardian  or  other  persons  having  care  of  £uch  child,  shall  be  able  to  give  substantial 
proof  that  he  or  she  has  fully  complied  with  tlie  requirements  of  Section  1  of  this  act,  or  that  such 
child  has  completed  the  usual  primary  or  grammar  grades  In  some  public  or  private  school,  and  such 
person,  company  or  corporation  shall  demand  such  proof  before  giving  employment  to  any  minor, 
and  shall  malse  a  record  of  said  proof  given,  and  shall  be  required,  upon  the  request  of  the  officer 
(hereinafter  provided  for)  to  allow  said  officer  to  examine  the  said  record  and  also  the  record  as  pro- 
vided for  in  Section  6986aaof  ihe  Revised  Statutes,  and  any  person, company  or  corporation  employing 
any  child  contrary  to  ihe  provisions  of  this  act  shall  be  liable  to  a  penalty  of  fifty  dollars  for  each 
offense,  to  be  recovered  in  an  action  for  debt  in  any  court,  or  before  any  justice  of  the  peace  having 
jurisdiction,  and  such  action  shall  ba  brought  in  the  name  of  the  clerk  of  the  board  of  education. 


CERTIFICATE  OF  EDUCATION. 

(Under  Sec.  3.) 


0., 189... 

To  all  whom  it  may  concern: 

This  is  to  certify  that ,  who  is  a  minor  over  the  age  of  fourteen 

and  under  sixteen  years,  can  read  at  sight  and  write  legibly  simple  sentences  in  the 
English  language;  as  required  by  law,  under  the  Ohio  Laws,  Vol.  86,  p.  833,  Sec.  8. 


Clerk  of  Board  of  Education  of 

Ciunly,  Ohio. 


SCHOOL    OFFICERS     GUIDE. 


189 


Forms  and  Instructions. 


Section  3  provides,  "That  all  minors  over  the  »ge  of  fourteen  and  under  sixteen  years,  who  can  not 
read  and  write  the  English  language,  shall  be  required  to  attend  f  cbool  at  least  one-half  of  each  day,  or 
to  attend  some  evening  school  organized  and  maintained  by  the  board  of  education,  or  to  take  regular 
privat3  instruction  from  some  person  qualified,  in  the  opinion  of  the  superintendent  of  schools  in 
cities,  and  the  clerk  of  the  board  of  education  In  villages  and  townships,  to  teacl^such  branches,  until 
he  or  she  shall  obtain  a  certificate  from  the  superintendent  of  schools  in  cities,  and  the  clerk  of  the 
board  of  education  in  villages  and  townships,  certifying  that  said  minor  can  read  at  sight  and  write 
legibly  simple  sentences  In  the  English  language,  and  every  person,  company  or  corporation  having 
such  minor  in  employment,  shall  be  required  to  exact  such  school  attendauce  from  Mich  minor,  and 
be  prepared,  upon  demand  of  the  hereinbefore  mentioned  officer,  to  furnish  evidence  that  such  minor 
does  comply  wi:hthe  requirements  of  this  act,  and  any  person,  company  or  corj  oration  filling  or 
neglecting  to  exact  such  school  aftendance  from  such  minors  shall  be  liable  as  provided  for  in  Section 
2  of  this  act;  provided,  such  person,  company  or  corporation  shall  not  have  made  provisions  for  the 
private  instructions  of  such  minors." 


NOTICE  TO  EMPLOYERS  OF  YOUTH. 


To 


[here  insert  name  of  person,  company  or  corporation]. 


Your  attention  is  respectfully  called  to  sectiona  2,  3,  6  and  12  ot  an  act  passed  by 
the  General  Assembly,  April  15,  1889,  to  compel  children  under  fourteen  years  of 
age  to  attend  school  a  certain  length  of  time  each  year. 

In  compliance  with  the  provisions  of  this  act,  you  are  requested  to  return  to  me 
on  this  blank  the  names,  ages,  and  residence  of  all  minors  under  fourteen  years  of 
age  employed  by  you,  also  all  minors  between  fourteen  and  sixteen  years  of  age, 
and  to  state  whether  you  have  a  certificate  from  the  superintendent  of  schools,  or 
clerk  of  the  board  of  education,  that  authorizes  you  to  employ  such  minors. 


*  Clerk  of 


Board  of  Education. 


Name  of  minor. 

Age. 

Residence. 

Certificate— Yes  or  no. 

*In  cities  this  notice  may  be  signed  by  the  superintendent  of  schoole. 


190 


OHIO   SCHOOL   LAWS. 


Forms  and  Instructions. 


TEACHER'S  REPORT. 

(Under  Sec.  11.) 


0., 189... 

To  the  Clerk  of  the  Board  of  Education  of ,  Co.  O. 

The  following  is  a  correct  list  of  the  scholars  attending  my  school  at  the  time  of 

this  report,  being  the  last  week  in 189 — , 

,  Teacher. 


Names  of  scholars. 

Age. 

Residence. 

SCHOOL    OFFICERS     GUIDE. 


191 


Forms  and  Instructions. 


M 
W 
O 
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o 

H 

H 

O 
H 

O 
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a 

0) 

.£1 


t 


fc   a 


Complaint  entered 
of  Juvenile  Dis- 
orderly. 

J* 

a 
0 

CompkJnt  entered 

on  refusal,  failure, 

or  neglect. 

a 
0 

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si 

tea  01 

1^ 

0 

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0 

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0  SI 

INDEX  TO  THE  OHIO  SCHOOL  LAWSJ 


ABSTRACT —                                                                                     section  page 

Enumeration,  returns  of,  to  be  made  by  county  auditor...  4039  108 

School  statistics  to  be  returned  by  county  auditor..  .- 4060  119 

ACADEMY— (See  Private  Schools.) 

ACCOUNT  BOOKS— 

Auditor  to  furnish  clerks  and  treasurers  with 4055  116 

ACCOUNTANT— 

Appointed  to  investigate  fraudulent  use  of  money 364  142 

AFFIDAVIT— 

Complaining  of  fraudulent  use  of  money 364  142 

AGE- (See  ScJiool  Age.) 

ANNUAL  ESTIMATES— 

To  be  made  by  board 3958  43 

To  be  made  by  county  commissioners,  when 3969  48 

For  joint  sub-districte,  by  whom  made 3941a,  3961  36,   44 

APPARATUS— 

May  be  furnished  by  board 3995  75 

APPOINTMENT— 

Sub-district  clerk 3918  26 

Local  directors  to  fill  vacancy 3919  27 

Commissioners  to  consider  formation  of  joint  sub-district..  3938  35 

Board  of  education  to  fill  vacancy 3981  58 

Librarian 3998  77 

Examiners,  Skateboard 4065  120 

Examiners,  county  boards 4069  122 

Examiners,  local  boards 4077,4084  128,    131 

Truant  officer 6  98 

Directors  of  Cincinnati  and  Toledo  universities 4098  187 

To  fill  vacancy  in  office  of  school  commissioner 354  140 

Accountant  to  investigate  charges 364  142' 

APPORTIONMENT  OF  SCHOOL  FUNDS— 

State  common  school  fund,  irreducible  fund,  etc.... 3956  41 

By  county  auditor,  how  made 3964  45 

When  county  line  divides  original  township 3966  46 

Contingent  fund  by  board  of  education 3967  47 

Appeal  in  case  of  dissa'isf action 3967  47 

APPROPRIATION  OF  PROPERTY- 

How  made  for  school  purposes..  3990  72 

ASSIGNMENT  OF  YOUTH— 

May  be  made  by  board  of  education 4013  85 

13 


194  INDEX   TO  OHIO    SCHOOL    LAWS. 

ATTENDANCE  ENFORCED—                                                        section  page 

What  children  must  attend  school 1)2,3  95,   96 

What  children    must  attend  half  of  each  day,  evening 

school,  or  private  school 3  gg 

When  unlawful  to  employ  children^ 2  96 

Board  to  ascertain  condition  of  non-attending  children....  4025  94 

When  board  may  supply  books 4026  94 

Penalties  for  violating  provisions 2,  3,  4,  8,  12  96,96,97,99, 102 

Penalties  imposed  upon  persons  or  officers  for  neglect  of 

duty 13  102 

When  children  sent  to  juvenile  reformatory,  or  children's 

home 8  99 

When  children  may  be  released  from  enforced  attend- 
ance   9, 10  101 

What  is  equivalent  to  attendance  in  day  school 4029  95 

AUDITOR  OF  STATE— 

Apportionment  of  school  fund  by 3956  41 

Superintendent  of  "  common  school  fund  " 3953  41 

AUDITOR— (See  County  Auditor.) 

BEQUESTS— 

To  common  school  fund 3955  41 

Maybe  accepted  by  boards 3975  54 

May  be  received  by  county  commissioners 145 

BIDDING— 

Directions  for,  on  school-houses 3988  69 

BLANKS— 

By  whom  furnished 4058  117 

To  be  distributed  by  county  auditor 4058,4060  117,   119 

BOARD  OF  EDUCATION— (See  City  Districts  of  First  Class, 
City  Districts  of  Second  Class,  Village,  Special,  and  Township 
Districts,  etc.) 

May  transfer  territory 3893  9 

May  provide  for  organizing  township  into  village  district.  3894  10 

Organization,  how  effected 3895-6  10 

General  powers  and  duties 3971  51 

May  sell  and  exchange  real  estate 3971  51 

Has  title  to  what  property 3972  52 

Property  exempt  from  sale  on  execution 3973  63 

Property  vested  in,  exempt  from  taxation 3973  53 

Conveyances  and  contracts  by 3974  54 

Members  cannot  contract  with  board 3974,6975  a  54,   113 

When  members  must  not  participate  in  an  election  of  a 

teacher 6975  a  113 

Must  not  accept  or  offer  bribe 6975  a  113 

Contracts  must  be  made  at  meeting 3974  54 

May  receive  compensation  as  what 3974  54 

May  accept  bequests ; ,  3975  54 

Process  against,  how  served 3976  55 

Prosecuting  attorney  or  county  solicitor  counsel  for 3977  66 

To  decide  tie  votes  by  lot 3978  66 

Oath  to  be  taken  by  members  and  officers 3979  67 

Organization,  time  and  mode  of 3980  68 

Shall  appoint  an  auditor 3980  58 

Vacancies,  how  filled  and  when 3981  68 


INDEX    TO   OHIO    SCHOOL    LAWS. 


195 


BOA.RD  OF  EDUCATION— Contiuued—  section' 

Quorum,  yeas  and  nays  when  taken 3982 

President  or  clerk,  absence  of 3983 

Record  of  proceedings,  attestation 3984 

Shall  make  rules  and  regulations 3985 

May  enforce  vaccination 3986 

To  build,  enlarge,  repair  school-houses,  etc 3987 

May  purchase  rights  of  way,  build  fences,  plant  orna- 
mental trees 3987 

May  let  bids  and  contracts  for  house 3988 

To  erect  houses  in  joint  sub-districts 3989 

May  appropriate  property 3990 

May  su omit  to  voters  question  of  tax  levy 3991 

To  certify  such  levy  to  auditor,  if  approved 3992 

How  anticipate  levy,  by  issue  of  bonds  3993 

How  issue  bonds  in  city  districts,  first  class 3994 

May  buy  books  for  library,  apparatus,  etc.,  (See  Libraries)  3995 

May  purchase  books  from  publishers 4020 

May  purchase  books  for  indigent  children 4026 

Must  provide  for  the  study  of  the  nature  of  alcoholic 

drinks  and  narcotics,  etc 

Must  provide  sufficient  schools 4007 

May  establish  schools  of  higher  grade 4009 

May  establish  school  at  orphans'  homes,  infirmaries,  etc..  4010 

May  provide  evening  schools 4012 

May  admic  whom  to  school,  condition 4013 

Suspension  and  expulsion  of  pupils..  4014 

May  control  schools,  appoint  officers,  and  for  what  term..  4017 

To  determine  studies  and  text-books 4020 

Shall  cause  the  German  language  to  be  taught 4021 

Shall  enforce  attendance  (See  Attendance  Enforced.) 

Shall  appoint  truant  officer 6 

Shall  make  an  annual  report  (See  Reports.) 

bonds- 
How  and  when  issued  for  school  purposes 3993-4 

To  be  given  by  school  officers — clerk  of  board 4050 

Treasurer  of  board 4043 

Clerk  of  examining  board  4076,  4079 

Institute  committee 4086 

Forfeiture  of  bond  of  committee 4089 

State  school  commissioner 355 

Recording  and  filing  treasurer's  bond 4043 

BOARD  OF  EXAMINERS- (See  State  Board  Examiners,  County 
Board,  City  and  Village  Boards  ) 

BOARD  OF  INFIRMARY  DIRECTORS— 

Powers  and  dutitsasto  schools 4010 

BOARD  OF  TRUSTEES  OF   CHILDREN'S  HOME  OR   ORPHANS' 

Powers  and  duties  as  to  schools 4010 

BOOKS— 

May  be  purchased  for  libraries 3995 

When  furnished  to  pupils  by  board 4026 

BRANCHES  OF  STUDY— 

Must  be  taught  in  English 4020 

On  what  teachers  must  be  examined.. 2,  4074 


PAGB 

60 
'61 
62 

62 
63 
67 

67 
69 
72 
72 
73 
74 
74 
75 
75 
91 
94 

92 
80 
81 
83 
85 
86 
86 
87 
91 
93 

98 


74,  76 
114 
109 
128,  129 
132 
133 
140 
109 


83 

ASYLUM— 

83 

76 
94 

91 
92,    125 


196  INDEX   TO    OHIO    SCHOOL    LAWS.  • 

CERTIFICATE —                                                                              section  page 

Onginai  or  copy  tiiereof  to  1>6  Sled  witb  cleik 4051  114 

Issued  by  State  board  of  examiners 4066  121 

Revocation  of  same 4067  121 

Issaed  by  county  boards,  for  what  term 4073  124 

revocation  of  same- 407B  124 

when  renewable  without  re-examination 4073  124 

No  one  shall  teach  without 4074  125 

Issued  in  city  districts  of  first  class 4081  130 

when  renewable  without  re-examination 4O81  130 

grades  of  certificates  issued 4081  130 

revocation  of 4081  130 

Issued  in  city  districts  of  second  clas?,  and  in  village 4084  131 

Certificates  must  not  be  ante-dated  ^ 4073  124 

CHAIRMAN— 

Election  in  village  districts^ 3903,8911,3912,   8913         19,21,   22 

sub-districts 3917,  3924  25,   30 

special  districts 3926  31 

CHANGE  OF  DISTRICTS— 

As  to  classification  in  cities 88S9  8 

By  transfer  of  territory 3893  9 

Appeal  in  such  cases 3893  9 

CHARITY  SCHOOL— (See  ZanesviVe.) 
CINCINNATI  AND  TOLEDO  UNIVERSITIES- 

Council  of  Cincinnati  may  accept  educational  trusts 4095  136 

How  trust  funds  to  be  applied 4096  136 

Trusteeship  to  vest  in  city 4097  137 

Appointment  of  directors  Cincinnati  and  Toledo  universi- 
ties   4098  137 

Powers  of  board 4G99  138 

Citizens  not  to  be  charged  for  admission  of  children •  4100  138 

Accounts  and  expenditures 4101  138 

Board  may  confer  degrees,  when- 4102  138 

Sites  and  grounds 4103  139 

Tax,  when  and  how  levied 4104  139 

Provisions  applicable  to  Toledo 4105  139 

CITY  DISTRICTS  OF  THE  FIRST  CLAS.S— 

Classification  of 3886  7 

Changes  in , 3869  8 

Board,  how  constituted 3897  11 

When  two  members  from  each  ward,  how  elected 3898  12 

When  one  member  from  each  ward,  how  elected. 3899  14 

Where  electors,  not  residing  in  wards,  to  vote 3900  15 

Plat  of  attached  territory 3900  15 

Conduct  of  elections.. 3901  15 

How  electors  on  attached  territory  cast  ballots 3902  16 

Time  of  regular  and  special  meetings  of  board 3903,  3980  17,   58 

Board  to  fill  vacancies,  to  make  rules  and  regula- 
tions     8903,  3981  17,    08 

Bonds,  when  and  how  issued 3994  76 

Who  to  be  treasurer  of  school  fund 4042  108 

Annual  report,  to  be  pubHshed 4059  118 

Board  of  education  to  appoint  examining  board 4077  128 


INDEX    TO    OHIO    SCHOOL    LAWS.  1 97 

CITY  DISTRICTS  OF  THE  FIRST  CLASS— Continued—       slctxon  page 

Institute,  may  be  provided  for 4093  135 

Institutes,  teachers  may  unite  for 4093  135 

(See  Board  of  Educntion.) 

CITY  DISTRICTS  OF  THE  SECOND  CLASS— 

Classification  of 3887  8 

Changes  in 3889  8 

Membership  of  board  and  how  increased 3904  17 

Election  of  members 3905  18 

Election,  conduct  of 3906  18 

Election,  where  there  are  as  many  members  as  wards 3907  19 

Treasurer  of  fechool  fund,  who 4042  108 

Institutes,  teachers  may  unite  for 4093  135 

CITY  AND  VILLAGE  EXAMINERS— 

Ineligible,  who 4069,4077,4084,4085  122,128,131,132 

Boards  in  city  districts  of  first  class 4077  128 

Standard  of  qualification  for  teachers 4078  129 

May  secure  assistance 4078  129 

Organization  of  board,  bond  of  clerk 4079  129 

Meetings  and  notice  of  same 4080  130 

Examination  fees 4081  130 

Grades  of  certificates  issued 4081  130 

Compensation  of,  incidental  expenses 4082  131 

Clerk,  duty  of,  disposition  of  fees 4083  131 

Law  same  for  all  city  districts  and  village  districts 4084  131 

CLASSIFICATION  AND  CHAN(5E  OF  DISTRICTS— 

Different  classes,  changes  of,  etc 3885,  3892  6,   9 

CLERK  BOARD  OF  EDUCATION— 

To  certify  transfer  of  territory 3893  9 

To  give  notice  of  election 3909  20 

Township  clerk  not  entitled  to  vote 3915  24 

May  appoint  local  director,  when 3919  27 

Process  served  on  by  leaving  copy  with 3976  65 

Absence  from  meeting 3983  61 

Record  of  proceeding  to  be  kept  by  and  signed 8984  62 

Shall  draw  order  for  pay  of  sub-district  teacher 4018,  4019  88,   90 

Unlawful  to  draw  order  for  pay  of  teachers,  when 40ol  114 

Shall  prosecute  for  non-attendance  of  children, 4025  94 

Shall  prosecute  when  children  are  illegally  employed 2  96 

Shall  be  judge  of  the  qualification  of  private  teachers, 

when 3  96 

Shall  certify  to  ability  of  children  to  read  and  write,when.  3  96 

May  excuse  non-attendance  of  pupils,  when 4  97 

Truant  ofiicer  shall  report  to 7  98 

Blanks  must  be  provided  by , 7  98 

Principals  and  teachers  of  schools  must  report  to 11  102 

To  have  enumeration  of  youth  taken... 4032  105 

Abstract  of  enumeration  to  transmit  to  auditor 4035  106 

Auditor  to  act  when  clerk  fails 4036  106 

Bond  of  treasurer,  to  receive  and  file 4G43  109 

Money  to  be  counted  in  his  presence 4043  109 

Money  paid  into  treasury  on  his  order 4047  111 

To  furnish  auditor  statement  of  funds  in  treasurer's  hands.  4048  112 

Must  give  bond , , 4050  114 


198  INDEX    TO    OHIO    SCHOOL    LAWS. 

CLERK  BOARD  OF  EDUCATION— Continued—  section  page 

Duties  as  to  statistics. 4052  15 

To  publish  receipts  and  disbursements 4053  115 

To  deliver  books  to  successor 4054  116 

To  keep  account  with  treasurer 4055  116 

Compensation  of 4056  116 

Report  appointment  of  examiners  in  city  districts 4077  128 

Shall  report  institute,  city  districts,  first  class 4092  134 

CLEVELAND— 

Library  board,  how  elected 4000  77 

Powers  and  duties  of  such  board 4001  78 

Money  raised  by  taxation,  how  expended 4002  78 

Manual  and  domestic  training  for  children 145 

COLUMBUS— 

Board  may  convey  land  for  park  purposes 146 

Board  of  education,  how  elected ..  148 

COMMISSIONER— (See    State     Commimoner    Common    Schools, 
C'mnty  Commissioner,  and  Joint  Sub-diglrict.) 

COMMON  SCHOOL  FUND-(See  School  Funds). 

COMPULSORY  ATTENDANCE-(See  Attendance  Enforced.) 

CONSOLIDATION  OF  SUB-DISTRICTS— 

Election  in  case  of 3922  29 

CONTINGENT  FUND— 

Levy  by  board  of  education 3958  43 

How  apportioned 3967  47 

Appeal  from  apportionment,  by  local  board 3967  47 

How  appHed  in  Toledo 3968  47 

CONTRACTS— 

Powerer  of  board  to  contract 3971  51 

Members  cannot  contract  with  board 3974  54 

Member  must  not  vote  for  relative  for  teacher 6975a  113 

Must  be  made  at  meeting ' 3974  54 

Township  board  responsible  for  acts  of  local  boards,  when  3987  67 

Directions  for  letting 3988  69 

Between  boards  for  schooling  pupils 4022  93 

COUNTY  AUDITOR- 

School  levy  to  be  certified  to 3960  44 

Duties  as  to  funds  of  district  in  more  thun  one  county 3963  45 

Apportionment  of  school  fund,  how  made 3964  45 

of  money  not  otherwise  appropriated 3964  45 

Distribution  of  money  after  apportionment 3965  46 

Apportionment  common  school  fund  when  county  line 

divides  original  township 3966  46 

Collect  fines  and  inspect  section  sixteen  accounts 3970  49 

Receive  abstract  of  enumeration  from  clerks 4035  106 

Have  enumeration  taken,  if  clerk  fails 4036  106 

Furnish  abstract  of  enumeration  to  commissioner 4039  108 

School  treasurers  to  settle  with  annually 4044  110 

Collect  penalty  for  failure  to  settle 4045  111 

Miscellaneous  receipts  to  be  reported  to  him 4047  111 

May  allow  treasurer  what  amount  of  funds 4048  112 

Copy  of  clerk's  bond  must  he  filed  with 4050  114 

Receive  statistical  statements  from  clerks 4052,  4057  115,    117 

Furnish  commissioner  with  abstract  of  statistics 4060  119 


INDEX   TO    OHIO    SCHOOL    LAWS.  199 

COUNTY  AUDITOR— Continued—  section  page 

Distribute  blanks,  books,  circulars,  etc 4060  119 

Penalty  against  auditor  and  clerk 4060,  4061  119 

May  appoint  persons  to  make  reports 4062  119, 

Penalty  for  failure  to  make  enumeration  return 4063  119 

His  compensation 4064  120 

Report  of  examination  fees  made  to  him 4072,  4084           124,   131 

Furnish  blanks,  books,  etc.,  to  examiners 4075  127 

Keep  on  file  bond  of  clerk  of  examiners 4076  128 

Bonds  of  institute  committee  to  be  approved  by  him 4086  132 

Give  committee  order  for  institute  fund 4087  133 

Give  commissioner's  examiner  access  to  papers,  etc 364  142 

COUNTY  BOARD  OF  EXAMINERS— 

Appointment,  term,  vacancy 4069  122 

Who  may  and  who  may  not  be  an  examiner 4069  122 

Organization,  president,  clerk,  duties  of  each 4070  122 

Meetings,  examination  fees 4071  123 

Disposition  of  fees 4072  124 

Traveling  expenses 4072  124 

Duration  of  certificates  and  when  valid 4073  124 

Revocation  of 4073  124 

Qualifications  of  teachers 4074  125 

Compensation  of,  incidentals,  etc 4075  127 

Annual  report  of  clerk,  bond,  etc 4076  128 

Ineligible  as  examiner,  who 4069,  4085            122,    132 

COUNTY  COMMISSIONERS— 

Appeal  to  in  transfer  of  territory 3893  9 

May  make  levy  for  site  and  house  in  joint  sub-district, 

when... 3941a  36 

Appeal  to,  to  revise  apportionment  contingent  fund 3967  47 

May  perform  duties  of  board  of  education,  when 3969  48 

Compensate  auditor  for  reports  made 4064  120 

May  receive  bequests  and  donations 145 

COUNCIL  OF  MUNICIPAL  CORPORATION— 

May  sell  or  exchange  property  with  board 3971  51 

COUNTY  TREASURER— 

Duties  with  reference  to  State  school  funds 3956  41 

Collect  school  taxes 3960  44 

Fees  for  same , 3960  44 

Duty  when  district  lies  in  more  than  one  county 3963  45 

COURSE  OF  study- 
How  and  by  whom  adopted  ;  textbooks 4020  91 

Branches  to  be  taught  in  English 4020  91 

German  to  be  taught,  when 4021  93 

Physiology  and  Hygiene,  etc.,  must  be  taught 1  92 

DAYTON— 

Library  board,  how  elected  1,   2  146 

Powers  and  duties  of 3,   4  146 

DIRECTORS,  LOCAL— 

Election  of 3916,  3917  25 

Organization  of 3918  26 

Failure  to  elect ;  vacancy,  how  filled 3919  27 

May  appeal  from  apportionment  of  contingent  fund 3967  47 

May  build,  repair,  lease,  etc.,  when 3987  67 


11, 

16 

17, 

19 

19, 

22 

25, 

28 

30, 

31 

20O  INDEX    TO    OHIO    SCHOOL    LAWS. 

DIRECTOES,  LOCAL— CoQtinued—                                             section  page 

May  employ  and  dismiss  teachers 4018  88 

Cannot  exceed  funds  apportioned  them ; 4018  88 

Failing  to  employ  teacher,  township  board  may  act 4018  88 

Certify  amount  due  teachers 4018  88 

Dismissal  of  teacher 018  88 

May  act  on  expulsion  of  pupils 4014  8fr 

rT„',  Application  for  use  of  school-house  for  literary  societies, 

etc , 68 

DISMISSAL  OF  TEACHERS,  JANITORS,  ETC.— 

„.,*      Causefor ;....  4017,  3  87,    92 

By  local  directors 4018,  4019  88,   90 

DISTRICTS— (See  Classifkaiion  and  Change  oj  Districts.) 

Funds  of,  when  lying  in  more  than  one  county 3963  45 

ELECTIONS— 

City  districts,  first  class 3897,  3902 

City  districts,  second  class 3904,  3907 

Village  districts 3908,  3913 

Sub-districts 3916,  3920 

Special  districts 3924,  3926 

EMBEZZLEMENT— 

By  ^member  board  of  education 4047(notec.)     112 

ENGLISH  LANGUAGE— 

All  branches  to  be  taught  in 4020  91 

ENUMERATION— 

Taken  when,  and  how  often 4030  104 

Enumerators  must  take  oath , 4031  105 

What  facts  enumeration  must  contain 4031  105 

Enumerators  must  make  affidavit  to  correctness  of  return  4031  105 

Compensation  for  same 4031  105 

What  clerks  to  employ  enumerators 4032  105 

Clerk  of  local  board  must  take  in  sub-districts 4033  105 

How  taken  in  joint  sub-districts 4034  106 

Clerk  of  board  to  transmit  abstract  to  auditor 4035  106 

Auditor  to  act,  if  clerk  fails- 4036  106 

When  county  line  divides  original  township 4037  107 

Penalty  for  failure  to  enumerate 4038  107 

Auditor  to  furnish  abstract  to  State  Commissioner 4039  108 

If  excessive,  State  Commissioner  to  have  it  re-taken 4040  108 

Penalty  for  false  returns 4041  108 

EVENING  SCHOOLS— 

Where  established 4012  85 

Attendance  on  same,  equivalent  to  what ;.  4029  95 

Minors  between  14  and  16  must  attend,  when 3  96 

EXAMINERS — (See   Stale   Board  of  Examiners,    Courdy   Board 
Examiners,  City  and  Village  Examiners.) 

EXAMINATION    FEES— 

State  certificates 4068  121 

County  certificates.. 4071  123 

Certificates,  city  districts  first  class 4081  130 

Disposition  of 4072,  4083  124,    131 

EXECUTION— 

School  property  exempt  from 3973  63 


INDEX    TO    OHIO    SCHOOL    LAWS.  201 

EXPULSION  OF  PUPILS—                                                           section  page 

How  done,  aud  for  what  length  of  time 4014                      86 

FEES— (See  Examir,aiion  Fees.) 

FINES— (See  Penally.) 

FORMS  FOR  REPORTS— 

Prepared  by  school  commigsioner.. 359                    141 

FRAUD- 

In  use  of  school  monej',  to  be  investigated 364                    142 

FUEL— 

Conlracts  for 3987                      67 

FUNDS— (See  School  Funds.) 

GERMAN  LANGUAGE— 

To  be  taught,  when 4021                      93 

HALF  TIME  SCHOOLS— 

Attendance  on  same,  how  estimated .'..  4023                      95 

HOLIDAYS— 

What  are  legal  holidays 4015                      86 

INSTITUTES— (See  Teachers'  InstUutes.) 

INTEREST— 

On  irreducible  school  fund 3952,  3954                40,   41 

INTERPRETATION;, OF  SCHOOL  LAW— 

Rales  of 5 

IRREDUCIBLE  SCHOOL  FUND--(See  School  Fund.) 

JANITOR— 

Employed  by  board  of  education 4017                      87 

Elected  for  what  term,  dismissal  of 4017                       87 

For  county  examiners.... 4075                    127 

JOINT  SUB-DISTRIOrS— 

Township  boards  may  establish,  for  what  purpose 3928                      32 

Governed  and  supported,  how 3929                      33 

Other  provisions  for  establishment  of 3930                       33 

Established  on  petition  of  three  or  more  persons 3931                      33 

What  petition  to  contain 3932                       33 

Clerk  to  give  notice  of  filing 3933                      33 

Petition  or  remonstrance  may  be  filed  with  probate  judge.  3934                      34 

Petition  to  give  security  for  costs : 3935                      34 

Time  and  place  of  meeting  of  commissioners 3938                      34 

Publication  of  notice 3937                      34 

Oommistioners  to  be  appointed 3938                      35 

Oatti  and  duty  of  commissioners 3939                       35 

Clerks  to  present  plats  and  papers 3940                      35 

Report  of  commissioners.. ; 3941                       35 

L::)cal  board  to  designate  site,  when 3941  a                  36 

Board  of  education  to  levy  tax  for  echool-house  site 3941a                  36 

County  commissioners  to  act,  when 3941  a                  36 

Effect  of  the  report  of  commissioners  appointed  by  pro- 
bate judge 3942                      36 

Judgment  for  costs,  what  fees  allowed 3943                      37 

Report  and  judgment  for  sub-district 3944                      37 

Costs  in  case  of  establishment  of  sub-district 3945                      37 

Petition  for  new  sub-district,  special  district,  etc 3946                      37 

Proceedings  thereon.. 3947                      38 


202  INDEX   TO    OHIO    SCHOOL    LAWS. 

JOINT  SUB-DISTRICTS-Continued—                                         section  pagk 
When  petition  or  remonstrance  may  be  filed  with  pro- 
bate judge. 3948  38 

Election  and  dutiesof  directors 3849  38 

Joint  sub-districts,  how  changed,  altered,  dissolved 3950  39 

May  not  be  changed  or  dissolved  until  after  five  years,  ex- 
cept by  order  of  the  court 3950  39 

Appeal  to  probate  court  for  dipsolution 3950  39 

Estimate  and  levy  of  contingent  fund,  how  made 3961  44 

Funds  of,  how  apportioned  and  transferred  by  auditor....  3961  44 

Estimate  and  levy  when  county  line  divides  sub-district,  3962  45 
When  school-house  to  be  re-built,  site  may  be  changed 

by  vote  of  directors 3989  72 

Clerk  to  take  enumeration 4034  106 

LEASING  SCHOOL  LAND~(See  Section  1404,  Rtvised  Statutes.) 

LEASING-- 

School  sites  or  rights  of  way  thereto 3987  67 

LEVY  FOR  SCHOOL  PURPOSES— 

For  State  common  school  fund 3951  40 

When  made  and  for  what  purpose 3958  43 

Amount  of  levy 3959  44 

Additional  levy  submitted  to  voters,  when  and  how 3991  73 

If  approved,  to  be  certified  to  Auditor 8992  74 

Levy  anticipated,  how... 3993  74 

For  city  libraries ; , 3996  76 

LIBRARIES— 

Boards  may  appropriate  money  for,  amount  of 3995  75 

Levy  for  city  libraries 3996  76 

How  expended 3997  77 

Board  may  appoint  librarian 3998  77 

Board  may  make  rules  and  regulations 3998  77 

Board  of  managers  may  be  appointed  in  certain  cases 8999  77 

Library  board  to  be  elected  in  Cleveland 4000  77 

Powers  and  duties  of  such  board 4001  78 

Library  tax,  how  expended 40C2  78 

Consolidation  of  Portsmouth  libraries 4003  79 

Board  to  appoint  library  committee 4004  79 

Powers  and  duties  of  such  committee 4005  79 

Power  to  levy  tax 4006  7» 

LOCAL  DIRECTORS— (See  Directors,  Local.) 

LOCATION  OF  SCHOOL  HOUSES— 

Place  most  convenient  for  greatest  number 4007  80 

MEETINGS  OF  BOARDS  OF  EDUCATION— 

In  cities  of  first  class 3903  17 

Meeting  of  board  of  directors 3918  26 

Meeting  of  township  board 3920  28 

Special  meetings,  how  called 3920  28 

Contracts  must  be  made  at  meeting 3974  54 

Absence  of  president  or  clerk  pro  tern.,  officer  may  be 

chosen 3983  61 

Special  meeting  not  legal  unless  all  members  notified 3985  62 

Text-books  and  course  of  study  determined  at  regular 

meeting 4020  91 


INDEX   TO    OHIO    SCHOOL    LAWS.  20$ 

MEETINGS  OF  BOARDS  OF  EXAMINERS—                         section  page 

County  examiners,  number  of  meetings,  etc 4071  123 

Meetings  to  be  published 4071  123 

City  examiners,  districts  of  first  class 4080  130 

City  districts  second  class,  and  village  districts 4084,  131 

'  MONEY— 

Fraudulent  use  of 364  2 

MONTH— 

School  month,  what 4016  86 

NOTICE— 

Elections — (See  Elections.) 

Examinations  to  be  published 4071,   4080  123,    130 

Truant  oflBcer  to  notify  parents  of  absence  of  children 

from  school 8  99 

OATH— 

To  be  made  by  school  officers 3979  57' 

ORGANIZATION  OF  BOARDS— 

Manner  and  time  of. 3980  58- 

PENALTY— 

Members  of  board  failing  to  perform  duty  may  be  fined..    3969  48 

For  various  offenses 3970  (note.)  49,   50 

Company  or  corporation  liable  to  penalty,  for  what...     2,   3,    12  96,  102 

Parent  or  guardian  liable  to  penalty,  for  what 4,     8  97,    99 

Persons  and  officers  neglecting  to  perform  certain  duties 

liable  to  fine ' 13  102 

For  voting  for  relative  tor  teacher 6975  a  R.  S,        113 

For  oflfering  bribe  or  reward 6976  a  R.  S.        113 

For  accepting  bribe  by  employe  or  officer  of  board 6975  a  R.  S.        113 

For  fraudulent  enumeration  return 4041  108 

Failure  of  treasurers  to  settle  with  auditor 4045  111 

Failure  of  auditor  to  furnish  report 4060  119 

Failure  of  auditor  to  make  enumeration  return .4063  119 

Failure  of  executive  committee  of  institute  to  report  to 

the  commissioner 4088  133 

Defacing  property,  disturbing  meeting,  etc 3972  (notes.)  52,   53 

For  willfully  disturbing  school 3972  (notes.)         53 

PERSONAL  PROPERTY— (See  Real  or  Personal  Property.) 

PRESIDENT  OF  BOARD— 

Process  on  board  served  by  leaving  copy  with 3976  55 

Absence  from  a  meeting  supplied  by  pro  tempore  presi- 
dent      3983  61 

Sign  minutes  of  meetings 3984  62 

Sign  orders  for  payment  of  money 4047  111 

Keep  clerk's  bond  on  deposit 4050  114 

PRIVATE  SCHOOLS— 

Shall  report  to  school  commissioner 363  142 

PROBATE  JUDGE— (See  Joint  Suh-Distncts.) 

Appoint  county  examiners 4069  122 

Report  to  school   commissioner  name    and  address  of 

appointees 4069  122 

May  revoke  appointment  of  examiner  for  inefficiency,  etc.    4069  122 

process- 
How  served  against  board 3976  55 


204  INDEX   TO    OHIO    SCHOOL    LAWS. 

PROSECUTING  ATTORNEY—  section  page 

Counsel  for  boards  of  education 3977  55 

Prosecute  for  frauduleot  use  of  money,  etc 366  143 

Prosecute  on  forfeiture  of  bond  of  executive  committee...     4089  13 

PROVISIONS  APPLYING  TO  ALL  BOARDS— (See  Boards  of 
Education.) 

QUORUM— 

Necessary  to  transact  business 3982  60 

REAL  OR  PERSONAL  PROPERTY— 

How  sold  or  exchanged 3971  51 

Title,  in  whom  vested 3972  52 

Exempt  from  sale  on  execution 3973  63 

RECEIPTS  AND  DISBURSEMENTS— 

Itemized  statement  to  be  published 4053      -  115 

Boards  to  make  report  to  county  auditor 4057  117 

RE^JONSTRANCE— (See  Joi7it  Sub- District.) 

REPORTS— 

Receipts,  expenditures  and  statistics  to  be  rej^orted  to 

auditor 4057  117 

Inwhatform  reports  shall  be  made 4058  117 

Superintendents  and  teachers  to   report  annually   to 

county  auditor 4059  118 

Boards  of  city  districts,  first  class,  diall  publish  annual 

report 4059  118 

Auditor  to  make  report  of  statistics  to  commissioner  ...     40G0  119 

Auditor  to  distribute  circulars,  blanks,  etc 4060  119 

Penalty  for  failure  to  perform  these  duties  4060,    4061,    4063  119 

Auditor  to  appoint  person  to  make  report  when  clerk 

fails 4062  119 

Examiner  of  alleged  defalcation  to  report  to  commis- 
sioner and  court 365  143 

RESIDENCE— 

Without,  but  homestead  within  district 4013  85 

REVOCATION— 

Certificate  by  state  board  of  examiners 4068  121 

Certificate  by  county  board 4073  124 

Certificate  by  examiners,  city  districts,  first  class 4081  *       130 

Appointment  of  county  examiner 4069  122 

Appointment  of  city  examiner 4077  128 

RULES  OF  INTERPRETATION  OF  LAW— 

As  laid  down  by  courts 5 

RULES  AND  REGULATIONS— 

Boards  of  education,  for  their  own  government..     3903,    3985  17,    62 

Governing  pupils  and  appointees 3985  62 

SALT  AND  SWAMP  LANDS— (See  School  Funds.) 

SALARIES— 

Cannot  be  increased  Bor  diminished,  when 4017  87 

Local  directors  to  fix  SAlaries  in  sub-districts 4018  88 

Township  board  may  increase,  but  not  diminish,  salaries 
fixed  by  local  directors 4018  88 


INDEX   TO    OHIO    SCHOOL    LAWS.  205 
SCHOOLS—                                                                                                          SECTION                      PAGE 

c!„^„;-,..4-  »,,,^v,^j.  ™"2t  ^c  "rovidcd "1007  80 

Locadon  and  continuance  of  schools 4007  80 

At  least  one  primary  school  in  each  sub-district 4007  80 

Higher  j^rade  than  primary  may  be  established 4009  81 

Cannot  be  abolished  for  three  years  after  establishment  4009  81 
Township,  village  and  special  districts  may  unite  to 

establish  township  high  school 4009  a  82 

How  these  districts  may  unite 4009  h  82 

How  sustained  in  children's  homes,  orphans'  asylums, 

infirmaries 4010  83 

To  be  under  control  of  trustees  of  institution 4010  83 

Youth  may  b3  sent  to  charity  school  at  Zanesville 4011  84 

Evening  f-chools  may  be  established 4012  85 

Who  may  be  admitted  to  school  free 4013  85 

Tax  of  non-resident  to  be  ciedired  on  tuition 4013  85 

Assignment  of  youth  by  board 4013  85 

Suspension  and  expulsion  of  pupils '. 4014  86 

School  holidays 4015  86 

School  year,  month  and  week 4016  86 

Board   to   control   schools  and   appoint  all  employes, 

except  teachers  in  sub-districts 4017  87 

May  dismiss  appointees 4017  87 

Board  cannot  increase  nor  diminish  salary  during  term  4017  87 
Directors  to  employ,  pay,  and  dismiss  teachers  in  sub- 
districts  4018  88 

Teachers  dismissed  for  insufficient  reasons  may  bring 

suit..... 4019  90 

Boards  to  determine  text-books  and  course  of  study 4020  91. 

German  language  shall  be  taught,  when 4021  93 

Pupils  may  be  sent  from  one  district  to  another,  when...  4022  93 
SCHOOL  AGE— 

Unmarried   youth   between   six   and    twenty-ono   (see 

note  6  to  4013) 4030  104 

SCHOOL  ATTENDANCE— (See  AUen dance  Enforced.) 
SCHOOL  DISTRICTS— (See    ( lassification    and    Change    of 

Districis  ) 
SCHOOL  FUNDS— 

"  State  common  school  fund" 3951  40 

Interest  on  proceeds  of  sales  of  salt  and  swamp  lands,  etc  8952  40 

'•Common  schooHund,"  origin  of  and  income  from 3953  41 

Accounts  of,  how  kept 3954  41 

An  irreducible  debt , 3954  41 

Bequests  in  trust  for 3955  41 

Apportionment  of  state  common  school  fund,  etc 3956  41 

Commnn  school  fund,   interest  on,  where  paid,  when 

county  line  divides  original  surveyed  township 3957  43 

Board  to  levy  for  school  purposes,  when 3958  43 

Board  to  estimate  amount  necessary  to  continue  tchoola  3958  43 

Amount  of  levy  boards  may  make 3959  44 

Estimate   made  by  board    to   be   certified   to   county 

auditor , 3960  4 


206  INDEX    TO    OHIO    SCHOOL    LAWS. 

SCHOOL  FUNDS— Continued—  section  page 

Estimate  of  contingent  fund  for  joint  sub-district 3961 

Estimate  when  county  line  divides  such  sub-district 3962  45 

Funds  of  a  district  in  more  than  one  county,  to  whom 

paid 3963  .        45 

County  auditor  to  apportion  funds,  how 3964  45 

Distribution  of  money  after  apportionment 3965  46 

Of  common  school  fund  when  county  line  dividesoriginal 

township 3966  46 

Contingent   fund  so  apportioned  that  schools  shall  be 

continued  the  same  length  of  time 3967  47 

Sub-distiicts  may  appeal  to  county  commissioners  when 

apportionment  is  unsatisfactory 3967  47 

Funds  apportioned  among  sub-districte  can  not  be  re- 
apportioned       3967  47 

Contingent  fund,  how  applied  at  Toledo 3968  47 

County  commissioners  to  levy  contingent  fund,  when...     3969  '    48 

Members  of  board  failing  to  make  estimate  subject  to 

tine 3969  48 

County  auditor  to  collect  fines,  and  inspect  section  16 

accounts 3870  49 

Treasurer   to  produce   school  funds  to   be  counted  by 

board 4043  109 

Supervision  over  school  fund  by  school  commissioner...       358  141 

SCHOOL  HOUSES— 

To  be  provided  by  boards  of  education 3987  67 

Power  of  directors  of  sub-district 3987  67 

Directors  to  act  under  direction  of  township  board 3987  67 

Directions  for  bidding  and  letting  contracts 3988  69 

Erection  o(  houses  in  joint  sub  districts 3989  72 

Boards  may  condemn  lands  lor  school-house  sites 3990  72 

Tax  levy  submitted  to  voters,  when  and  how 39^1  •  73 

If  approved  to  be  certified  to  auditor 3992  74 

Levy  may  be  anticipated  by  borrowing  money 3993  74 

Clerk  to  keep  record  of  bonds 3993  74 

Bonds,  how  issued  by  city  districts  of  the  first  class 3994  75 

Defacing  t^chool-house,  burning,  stealing  from,  etc 3972  (notes)         52 

Safety  of— (See  Sections  2568,  2572,  7010,  Revised  Stat- 
utes) 

School-houses  may  be  used  by  literary  societies,  etc 68 

SCHOOL  L4WS— 

Distribution  of,  how  and  when 361  141 

SCHOOL  LIBRARIAN— (See  Libraries) 
SCHOOL  MONTH— (See  Month.) 
SCHOOL  ROOMS— 

Renting  of  by  boards 3987  67 

SCHOOL  report- 
To  be  made  annually 361  141 

Number  copies — (See  Sections  63,  64,  Revised  Statutes.) 

What  it  shall  present 362  142 

SCHOOL  YEAR— (See  Year.) 


INDEX   TO    OHIO    SCHOOL    LAWS.  207 

SITES—  SECTION  PAGE 

Board  to  furnish 3987  67 

Submission  of  tax  levy  for 3991  73 

SPECIAL  MEETINGS-(See  Meetings.) 

SPECIAL  DISTRICTS— 

.Classification  of 3891  9 

Formed  or  altered,  how 3946  37 

Board,  how  constituted,  and  how  increased 3923  30 

Election  of  members  of- board 3924  30 

Notice  and  conduct  of  election 3925  80 

How  abandoned 3926  81 

Disposition  of  property 3927  31 

Treasurer,  how  chosen 4042  108 

Teachers  may  unite  for  institute ..  4093  135 

May  unite  with  township  and  village  districts  to  estab- 
lish township  high  school 4009  a,  4009  6  82 

STATE  BOARD  OF  EXAMINERS— 

Appointment  of,  term  of  office,  vacancy,  etc 4065  120 

Grades  of  certificates  to  be  issued 4066  121 

Shall  supersede  all  other  certificates... 4067  121 

Examination  fees 4068  121 

Compensation  and  expenses  of  examiners 4068  121 

STATE  COMMISSIONER  OF  COMMON  SCHOOLS— 

Vote  to  be  returned  to  him  when  a  township  votes  on 

the  question  of  becoming  a  village  district 3895  10 

Abstract  of  enumeration  to  be  furnished  him 4030  104 

Duty  when  he  deems  enumeration  excessive. 4040  108 

Furnish  blanks  for  reports 4058  117 

May  require  reports  to  be  made  to  him  direct 4058  117 

Certificate  to  county  auditor  for  reports  made 4064  120 

Shall  appoint  state  board  examiners 4065  120 

To  countersign  state  certificates 4067  121 

Tobenotified  of  the  appointment  of  examiners.  4069,4077,4084      122,128,  131 
Report  of  examinations  to  be  forwarded  ,to....  4076,4083.  4084  128,  131 

To  receive  reports  of  institutes 4086,4088,4094      132,  133,  135 

May  hold  institute,  when 4090  134 

Shall  be  elected  tri-ennially 354  140 

Term  of  office 354  140 

Vacancy  filled  by  appointment  of  governor 354  140 

His  official  bond  and  oath , 355  140 

Office  to  be  at  seat  of  government 356  140 

To  visit  the  several  judicial  districts 357  141 

His  supervision  over  school  funds 358  141 

May  require  reports  from  county  auditor   and   school 

officers 358  141 

Shall  prepare  forms  and  regulations  for  reports 359  141 

Duties  as  to  distribution  of  school  laws 360  141 

Annual  report,  when  made 361  141 

Number  of  copies — (See  Sections  63,  64,  Revined  Stat- 
utes.) 

What  it  shall  present .362  142 

Shall  require  reports  from  private  schools,  etc 363  142 


208  INDEX    TO    OHIO    SCHOOL    LAWS. 

STATE   COMMISSIONER  OF  CO^niON  SCHOOLS— Continued— 

SECTION  PAGE 

Duty  on  complaint  of  fraudulent  use  of  money 364  142 

Appointment  of  accountant  to  investigate  such  raisu?*?..  364  142 

Accountant's  powers  and  duties TCo  143 

Compensation  of  accountant.  305  143 

How  payment  thereof  made 365  143 

Adverse  report  given  to  grand  jury 366  143 

Prosecuting  attorney  to  institute  proper  proceedings.'....  366  143 

STATE  COMMON  SCHOOL  FUND— (See    School  Funds.) 

STATE  CERTIFICATES— (See  Certificates.) 

STATISTICS— 

Duties  of  clerk  in  regard  to 4052  115 

Duty  of  board  of  education  and  auditor 40-37,  4064           117,    120 

STEALING  SCHOOL  PROPERTY— 

Penalty  for 3972  (notes)         52 

STUDIES— 

Determined  by  board  of  education 4020  91 

SUB-DISTRICTS— 

Number  of  pupils  to  each 3921  28 

Established,  when  and  how 3921  28 

Number  of  may  be  increased  or  diminished  by  board 2921  28 

Consolidation  of  districts  or  formation  of  new  districts..  3922  29 

Election  of  directors  therein 3922  29 

How  formed  or  altered  by  petition 3946  37 

Apportionment  of  contingent  fund  to 3967  47 

One  primary  school  must  be  established  in  each 4007  81 

Dismissal  of  teachers 4018  88 

Cleric  of  sub-district  to  take  enumeration 4033  105 

SUITS— 

May  be  brought  by  or  against  board  of  education 3971  51 

May  be  brought  against  local  board,  when 4019  90 

SUPERINTENDENT  AND  ASSISTANTS— 

Appointment  by  board  of  education 4017  87 

Reports  required  of  them 4059  118 

To  give  city  boards  of  examiners  information 4078  129 

May  be  dismissed  for  refusing  to  give  instruction  in  the 

effects  of  alcoholic  drinks  and  narcotic 3  li2 

Superintendent  may  excuse  attendance  of  pupils 1,    4                95,    97 

To  judge  of  the  qualifications  of  private  teachers,  when  3  96 

To  direct  truant  officer  in  performance  of  hia  duties 6,    8                98,    99 

To  receive  reports  of  truant  officer 7  98 

May   provide   for  the  private   instruction  of  indigent 

children 10  101 

Subject  to  fine  for  non-performance  of  duty  under  com- 
pulsory education  act 12  102 

SUPERINTENDENT  OF  BUILDINGS— 

May  be  appointed  by  board 4017  87 

SUSPENSION  OF  PUPILS— 

How  done,  and  for  what  term 4014  86 


INDEX   TO    OHIO    SCHOOL    LAWS.  209 

TAX ' 

SKCTTOlSr  PAGK 

Kate  of  State  tax  to  be  designated  by  the  general  as- 

^  ^^^^^y 3951  40 

Levied  by  board  of  education 3958  43 

Limit  of  levy '[']    3959  ^ 

School  property  exempt  from 3973  53 

For  school-houses  and  site,  when  and  how  submitted  to 

3991  73 

74 
74 


votes. 


To  be  certified  to  auditor  if  approved 3992 

How  anticipated 3993 

Levy  for  city  libraries 3995  7g 

Library  tax,  how  expended 3997  77 

Of  non-resident  pupils  to  be  credited  on  tuition.... 4013  86 

TEACHERS— 

Appointed  by  board  and  for  what  length  of  time 4017  87 

Dismissed  by  boards  of  education 4017  87 

Appointed  and  dismissed  by  local  boards,  when..    4018,  4019  88,   90 

Reports  required  of  them 4051,  4059  114,118 

Who  only  may  be  employed , 4074  '  125 

Payment  of  when  certificate  revoked 4073,    4081  124  130 

Qualifications  of 4074  '  125 

Number  necessary  to  organize  institute 4086  132 

May  dismiss  their  schools  to  attend  institute 4091  134 

May  be  dismissed  for  refusing  to  give  instruction  on  the 

effects  of  alcoholic  drinks  and  narcotics 3 

May  suspend  pupils  temporarily 4OI4 

Must  report  names,  ages,  residence  of  pupils  to  board  of 

education 21 

Subject  to  fine  for  non-performance  of  duty  under  com- 
pulsory education  act 12 

TEACHERS'  INSTITUTE— 

Organization  of  in  county 4086 

Bond  of  executive  committee 4086  132 

Report  to  school  commissioner .'. 4086,  4088  132    133 

Payment  of  institute  fund  to  executive  committee 4087 

Funds  not  disbursed  to  be  returned 4087 

Forfeiture  committee's  bond,  etc 4089 

School  commissioner  may  hold  institute,  when 4090  134 

What  teachers  may  dismiss  school  to  attend 4091  I34 

May  be  provided  for  in  city  districts  of  first  class 4092  134 

How  supported 4Qg2 

Report  to  be  made  to  commissioner 4094 

Teachers  of  graded  schools  in  adjacent  counties  may 

^  "°^*«  ^0"^" 4093  135 

Length  of  session 4Q94 

TEACHERS'  INSTITUTE  FUND— 

Source  of,  in  counties 4O72 

^  I^cities Z^ZZZZZ    4083  181 

Condition  of  to  be  reported  by  auditor  to  the  commis- 

^^^"e'' 4060  119 

14* 


92 
86 

102 

102 

132 


133 
133 
133 


134 
135 


135 
124 


a  10  INDEX  TO  OHIO  SCHOOL  LAWS. 

TERRITOSY—                                                                  section  page 

Transfer  of 3893  9 

Annexed  or  detached  for  school  purposes 3886  7 

TEXT-BOOKS— 

How  determined  and  changed 4020  91 

May  be  purchased  direct  from  publishers  by  board  of 

education 4020  91 

May  be  furnished  free  to  indigent  children 4026  94 

TIE  vote- 
To  be  decided  by  lot 3978  56 

TOLEDO— 

Contingent  fund,  how  applied  in 3968  47 

(See  Cincinnati  and  Toledo  Universities.) 

TOWNSHIP  BOARD- 

Constituted,  how 3915  24 

Organization,  when  and  how  effected 3980  58 

May  submit  to  vote  the  question  of  changing  to  village 

district 3894  10 

Must  hold  regular  sessions,  when 3920  28 

Regular  and  special  meetings,  how  called 3920  28 

Shall  prescribe  a  course  of  study  and  text-books 4020  91 

May  establish  township  high  school 4009  81 

•     May  appoint  township  superintendent 4017  87 

May  appoint  janitor  and  other  employes 4017  87 

Shall  employ  teachers,  when 4018  88 

May  increase  or  diminish  the  number  of  subdistrictfci...  3921  28 

Must  prepare  map  of  township  district 3921  28 

•         May  consolidate  sub-districts... 3922  29 

Give  notice  of  election  in  new  district. 3922  29 

May  assign  youth  to  schools 4013  85 

May  contract  with  other  boards  for  admission  of  pupils  4022  93 

■  May  open  school-houses  for  literary  exercises,  etc 68 

Must  provide  for  giving  instruction  as  to  the  nature  of 

alcoholic  drinks  and  narcotics,  etc 1  92 

Must  approve  treasurer's  bond 4043  109 

Must  make  levy  for  school  purposes 3958  43 

May  sell  and  exchange  real  estate 3971  51 

Vacancies,  how  filled 3981  58 

Shall  make  rules  and  regulations 3985  62 

No  special  meeting  legal  unless  all  members  are  notified.  3985  62 

May  enforce  vaccination 3986  63 

Empowered  to  build  and  repair  school-houses,  etc .  3987  67 

May  appropriate  property  for  buildings  or  sites 3990  72 

May  submit  to  vote  question  of  tax  levy,  wlien 3991  73 

Certify  to  county  auditor  if  approved 3992  74 

Board  may  anticipate  levy,  when 3998  74 

Shall  enforce  attendance — (See  Compulsory  Act.) 
Shall  appoint  some  constable  or  other  person  as  truant 

oflacer 6  98 

TOWNSHIP  CLERK- 

Clerk  of  township  board,  but  not  entitled  to  vote 3915  2ft 

Appoint  local  director,  when 3919  27 

(See  Clerk  Board  of  EdiuxLtion.) 


INDEX   TO    OHIO    SCHOOL    LAWS.  211 

TOWNSHIP  DISTRICTS—                                                   section  page 

Township  district  consists  of  what 3890  8 

May  become  village  districts 3894,  3896  10 

•           Township  treasurer  to  be  treasurer  of 4042  108 

TRAVELING  EXPENSES— 

State  examiners 4068  121 

County  examiners 4075  127 

Examiner  appointed  by  commissioner 365  143 

TREASURER— 

Who  to  be  treasurer  of  school  funds 4042  108 

Must  give  bond  approved  by  board  of  education 4043  109 

Funds  must  be  produced  and  counted 4043  109 

Recording  and  filing  of  bond,   new  bond,    release   of 

surety,  etc 4043  (notes)        109 

Bond  to  be  filed  with  clerk  and  copy  with  auditor 4043  109 

Shall  settle  annually  with  auditor 4044  110 

Penalty  for  failure  to  make  settlement 4045  111 

Balance  on  hand  to  be  reported  to  board 4046  111 

Shall  not  pay  out  money  except  on  orders  signed  by 

president  and  countersigned  by  clerk 4047  111 

Maximum  amount  of  funds  may  hold 4048  112 

Shall  deliver  to  his  successor  all  moneys,  books,  papers, 

etc.,  belonging  to  the  district 4049  112 

Shall  keep  separate  account  of  each  fund 4055  116 

Each  account  shall  be  balanced  at  close  of  school  year.  4055  116 

Compensation  of 4042,  4056  108,    116 

When,  in  city  districts  of  the  first  class,  to  pay  over 

institute  fund  to  county  treasurer 4092  134 

TREASURER  OF  COUNTY— (See  County  Treasurer.) 

TUITION— 

Non-resident  pupils  to  have  credit  for  tax  paid 4013  85 

VACANCIES— 

In  boards  of  education,  how  filled 3903,  3981  17,    58 

In  local  board,  how  filled 3919  27 

In  state  board  of  examiners 4065  120 

In  county  board  of  examiners 4069  122 

In  city  and  village  boards  of  examiners 4077,  4084  128,    131 

In  office  of  state  school  commissioner 354  140 

VACCINATION— 

May  be  enforced  by  boards 3986  63 

VILLAGE  DISTRICT- 

What  constitutes ,- 3888             '  8 

How  organized  out  of  townships 3894,  3896  10 

Election  of  members  of  board 3908  19 

Number  of  members  in  board 3908  19 

Notice  of  election  shall  be  published  by  clerk 3909  20 

Returns  to  be  made  to  clerk  of  board 3910  21 

How  membership  of  board  increased 3911  21 

How  a  village  may  become  a  village  district 8912  21 

How  village  district  organized 3913  22 

Organization  of  board,  when 8914  23 


212  INDEX   TO   OHIO   SCHOOL    LAWS. 

VILLAGE  DISTEICTS— Continued—                                  section  page 

Boundaries,  how  changed  by  petition 3946                      37 

Treasurer  chosen  by  the  board 4042                    108 

Teachers  may  unite  for  institute 4093                     135 

Boards  of  education  in  Hamilton  county  shall  consist  of 

five  members 147 

WEEK— 

School  week,  what 4016                      86 

YEAS  AND  NAYS— 

When  to  be  called 3982                      60 

YEAR— 

What  is  a  school  year 4016                      86 

YOUTH— 

Assignment  of  by  board  of  education 4013                      85 

Who  entitled  to  school  privileges ,  4013                      85 

Attendance  enforced 1,  3               95,   96 

ZANESVILLE— 

Charity  school  at 4011                      84 


INDEX  TO  FORMS   AND  INSTRUCTIONS. 


CHAPTER  I— FORMS  FOR  SCHOOL  DIRECTORS—  page. 

1.  Notice  of  sub-district  school  meeting  for  election  of  directors 149 

2.  Poll-book  for  sub-district  election 149 

3.  Tally-sheet  for  sub-district  election 150 

4.  Notice  of  special  meeting  for  election  of  director 150 

5.  Minutes  of  sub-district  school  meeting 151 

6.  Certificate  of  election  of  director 151 

7.  Oath  of  director.'. 151 

8.  Appointment  of  director 152 

9.  Meeting  of  directors 152 

10.  Contract  between  directors  and  teachers 152 

11.  Certificate  for  teacher's  pay 152 

12.  Contract  for  fuel,  repairs,  etc 153 

13.  Certificate  of  amount  due  for  fuel,  etc... , 153 

14.  Dismissal  of  teacher 153 

15.  Visit  to  school 154 

CHAPTER  II— FORMS  FOR  TOWNSHIP  BOARDS  OF  EDUCATION- 
IS.    Notice  of  meeting  to  vote  a  tax  for  building  purposes 154 

17.  Notice  of  special  meeting  of  towhship  board 155 

18.  Certificates  of  annual  estimates..., v 155 

19.  Certificate  of  annual  estimates  for  joint  school 155 

20.  Different  modes  of  altering  sub-districts 156 

21.  Notice  of  election  in  a  new  sub-district 156 

22.  Organization  of  a  joint  sub-district  school 157 

28.    Petition  to  board  of  education  for  joint  sub-district 157 

24.  .Clerk's  notice  to  members  of  board '. 157 

25.  Petition  to  probate  judge 158 

26.  Remonstrance  against  joint  sub-district 158 

27.  Appointment  of  commissioners  by  probate  judge 159 

28.  Report  of  commissioners 159 

29.  Assignment  of  scholars  to  central  high  school 160 

30.  Appointment  of  librarian 160 

31.  Bond  of  librarian 160 

32.  Order  on  township  treasurer  for  teacher's  pay 161 

33.  Order  on  treasurer  other  than  for  teacher's  pay 161 

34.  Lease  to  school  district 161 

CHAPTER  III— FORMS  FOR  CLERKS,  TEACHERS  AND  TREASURERS— 

35.  Township  treasurer's  bond  as  treasurer  of  the  board  of  education....  162 

36.  Certificate  of  treasurer's  bond 163 

37.  Treasurer's  bond , 163 

38.  Clerk's  bond... 164 

39.  Township:clerk'8;bond 165 

40.^  Beportfandj[certificate|of;,8chool  funds  in  treasury 166 


214  IDDEX   TO   OHIO   SCHOOL   LAWS. 

OHAPTNR  III — Forms  for  Clerks,  Teachers  and  Treasurers — Continued —       page 
4L    Final  receipt  of  township  treasurer ^66 

42.  Final  receipt  of  township  clerk 166 

43.  Teacher's  daily  register 167 

44.  Teacher's  daily  register,  (second  form) 168 

45.  Teacher's  term  register 169,  170,  171 

46.  Teacher's  report  to  township  clerk 172 

47.  Recapitulation  and  general  report 173 

48.  Branches  of  study,  names  of  pupils  in  each,  and  name  of  text-book..  174 

49.  Township  treasurer's  general  account  with  township 177 

50.  Township  treasurer's  account  with  the  several  sub-districts 178,  179 

51.  Report  of  township  treasurer  to  county  auditor 179 

CHAPTER    IV— FORMS    FOR    SCHOOL    EXAMINERS    AND    PROBATE 

JUDGES— 

52.  Appointment  of  school  examiners , 180 

53.  Revocation  of  school  examiner's  appointment 181 

54.  Teacher's  certificate 181 

55.  Revocation  of  teacher's  certificate 181 

Form  for  school  examiner's  register 183 

Constitution  for  county  teacher's  institutes 184 

CHAPTER  V— FORMS  UNDER  COMPULSORY  EDUCATION  ACT— 

Notification  to  parent  or  guardian  of  non-attendance 185 

Complaint  against  parent  or  guardian 185 

Complaint  against  juvenile  disorderly  person 186 

Warrant  for  arrest  of  juvenile  disorderly  person 187 

Commitment 187 

Certificate  of  school  attendance 188 

Certificate  of  education 188 

Notice  to  employers  of  youth 189 

Teacher's  report 190 

Report  of  truant  ofiic.^r 191 


ERRATA. 


Page  6,  section  3885,  second  line,  for  "district"  read  "districts." 

Page  9,   section  3893,  eighth  line,  for  "clerks"  read  "clerk." 

Page  35,  section  3940,  first  line,  for  "  clerk  "  read  "  clerks." 

Page  73,  section  3991,  seventh  line,  for  "  schoo-houses  "  read  "  school-houses." 

Page  101,  section  10,  last  line,  for  "  hile"  read  "  while." 

Page  113,  section  6975  a,  E.  S.  As  it  pertains  entirely  to  school  affairs,  it  was  thought 
proper  to  incorporate  this  section  in  this  edition  of  the  school  laws,  but  it 
was  accidentally  misplaced,  and  is  found  ill  the  wrong  chapter. 

Page  132,  section  4086,  line  at  the  bottom  of  the  page.  The  reference  to  section 
four  thousand  and  eight,  though  thus  printed  in  the  volume  of  the  laws 
for  1887,  is  manifestly  wrong.  Since  the  abolition  of  the  authority 
of  boards  to  establish  separate  schools  for  colored  children,  there  is  no 
section  4008 ;  but  the  matter  referred  to  in  section  4086  will  be  found  in 
section  4088. 


OT  TKR 

XXNIVTRSTTY 


YD  01385 


033 


yssa 


